New Children’s Product Testing and Certification Rule Set to Impact Manufacturers and Importers on February 8

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On February 8, 2013, manufacturers and importers of children’s products (a consumer product designed or intended primarily for children 12 years of age or younger) will be required to follow certain testing and certification protocols established by the U.S. Consumer Product Safety Commission (“CPSC”). The new rule provides guidance on how to ensure a product meets all applicable safety standards over continued production. Understanding the new testing and certification rule is critical for all manufacturers and importers of children’s products. The deadline to be in compliance with the rule comes at a time when the safety of children’s products continues to receive heightened scrutiny by the federal government.

Brief Background -

The Consumer Product Safety Act (as amended by the Consumer Product Safety Improvement Act of 2008) requires that nearly all children’s products undergo third party testing. The law also mandates that manufacturers, importers and private labelers certify that their children’s products meet all applicable CPSC rules. Therefore, third party testing serves as the basis for a company to certify, via a “Children’s Product Certificate,” that its children’s products meet all such requirements.

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