CPSC Rules Ban Won't Apply To Goods already in Warehouses/Store Shelves

The CPSC ruled on 11/18/08 that the new federal ban on the use of the controversial chemical phthalate in children's products won't apply to items already in warehouses or on store shelves. The decision, issued by CPSC general counsel Cheryl Falvey, means that while it will be illegal to sell products made after the ban takes effect Feb. 10 that contain certain types of phthalates (chemicals used in soft plastic that have been linked to reproductive problems), any products made before that date will still be legal to sell, even after the ban is in place if it is in warehouses or on store shelves. Read the full article

Want to Learn More about The CPSIA and Its Impact on the Marketplace?

Learning Resources has put together a comprehensive list of resources including video testimony, sample letters to Congress, and additional articles on the topics to share with the industry. Visit http://www.learningresources.com/category/id/104512.do to learn more.

The Toy Industry Association also had resources to help the industry navigate changes facing the marketplace including two webinars on complying with the new provision of the CPSIA: http://www.toyassociation.org/AM/Template.cfm?Section=CPSIA.

Finally, the CPSC has posted summaries of the law, public comments, and a very helpful FAQ section that addresses many questions concerning the new regulations: http://www.cpsc.gov/ABOUT/Cpsia/cpsia.html.

CPSC Posts Final Rules on Labeling

The Consumer Product Safety Commission (CPSC) posted its final rule on Section 105 outlining the new labeling requirements for advertisements in catalogues and other printed materials for toys and games with small parts that pose a choking hazard to small children. Many NSSEA members testified about the impact on our industry and it appears that the Commission listened to the concerns of our industry. Abbreviated warnings will be allowed if the full text appeared on the same or adjacent page, or catalogues are permitted to place the full text somewhere else, such as on the ordering page, if there is a reference on all other pages regarding the warning. The warnings are not required in catalogues distributed solely to business.

The proposed regulations will take effect on December 12, 2008 for Internet advertising and February 10, 2009 for printed materials with a 180 day grace period for printed materials such as catalogs to ease the burden on catalog production cycles. All catalogs distributed after August 9, 2009, regardless of when they were printed, must contain the required cautionary statements.

The Consumer Product Safety Improvement Act of 2008 (CPSIA), signed into law August 14, amended the Federal Hazardous Substances Act (FHSA), and requires that when a product’s packaging requires a cautionary statement regarding choking hazards, so too does any advertising that provides a direct means for purchase or order including catalogues, printed materials, and Internet websites. The new regulations do not include advertisements or websites that simply direct consumers to a retailer to purchase the product. The required statements under the FHSA are only required for toys or games intended for use by children ages three to six, and toys and games that contain small parts, small balls, marbles, or balloons.