CPSC Issues Final Interpretative Rule on Definition of “Children’s Product”


On September 29, 2010, the U.S. Consumer Product Safety Commission (CPSC) approved a final interpretative rule on the meaning of “children’s product” as used in the Consumer Product Safety Improvement Act of 2008 (CPSIA). Understanding the difference between a “children’s product” and a “general use product” is critical, since the CPSIA subjects children’s products to stringent lead limits, the tracking label mandate, and third-party testing and requirements, among other requirements. The issuance of the interpretative rule comes at a time when the safety of children’s products is receiving more scrutiny from the federal government and the CPSC is assessing record penalties for violations of federal product safety laws...

The final rule represents a notable shift by the CPSC away from factors that demonstrate the manufacturer’s intended customer base for a particular product (by looking at factors such as how the product is labeled, advertised, and sold) to a greater focus on the nature of the product itself, that is, whether due to its size, decoration, functionality, etc., it is more likely to appeal to children under 13 than to older consumers. Thus, manufacturers, importers, and retailers of consumer products should reanalyze their products in light of the new interpretative rule and, based on the new rule, should develop a reasonable rationale for how they classify their products.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mintz Levin | Attorney Advertising

Written by:


Mintz Levin on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.