CPSC Attempts to Clarify Definition of “Children’s Product”


The Consumer Product Safety Improvement Act of 2008 (CPSIA), a “children’s product” is defined as “a consumer product designed or intended for use primarily by children 12 years of age or younger,” but, until recently, there was little clarification about the interpretation of the definition. Because “children’s products” are subject to strict product safety guidelines under the CPSIA, including lead content limits, third-party laboratory testing certification and tracking labels, companies have been struggling to determine what is considered a “children’s product” since the CPSIA was enacted in 2008.

Accordingly, the Consumer Protection and Safety Commission enacted a new rule, which took effect on October 14, 2010, clarifying that a product will generally be considered “for use” by children ages 12 and under if it is “reasonably foreseeable,” or expected, that they will physically interact with the product. The rule also specifies the following four factors to be taken into consideration when evaluating whether a particular product is deemed a “children’s product:”

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