Direct Marketers Should Comment on New Direct Sales Advertising Labeling Requirements for Children's Products by October 15, 2008

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On August 14, 2008, President Bush signed into law the Consumer Product Safety Improvement Act of 2008 (Pub. L. No. 110-314, 122 Stat. 3016) (Improvement Act). The new law imposes many challenging regulatory requirements, significantly strengthens the Consumer Product Safety Commission?s (CPSC) resources and structure over time, substantially increases civil and criminal penalties, and creates powerful new enforcement tools.

Retailers and marketers will soon have to comply with new mandatory requirements for labeling in direct sales advertisements for children?s products. Under Section 105 of the Improvement Act, any direct sales advertisement for a toy or game for which a choking hazard or small parts label is required must include a similar cautionary statement on or immediately adjacent to the advertisement.

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