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The Consumer Product Safety Commission (CPSC) has issued a proposed interpretative rule designed to interpret the term “children’s product” as it relates to the provisions of the Consumer Product Safety Improvement Act. Current guidance does exist, however, it is the intent of the CPSC to provide further guidance on factors that must be considered when evaluating what is a children’s product. The Commission states that the concept of “use” by a child has been interpreted to mean: “for use by children 12 years or younger to generally mean that children will physically interact with such products based on the reasonably foreseeable use and misuse of such product.
In contrast, products intended for general use are products that are not designed or intended primarily for use by children 12 years of age or younger. Some products may be designed or intended for use by consumers of all ages, including 12 years of age or younger, but are intended mainly for consumers older than 12 years of age. The key is to evaluate your product based on the following factors.
The following is a brief synopsis of the proposed guidance. Please note that this guidance will not be considered final until it is published in the Federal Register once the comment period has closed on June 21, 2010.
Manufacturer’s Statement
The statement by the manufacturer will be considered when determining whether or not a product meets the definition. However, it must be noted that a statement that indicates that a product may not be suitable for children 12 or younger may not preclude a product from being regulated under the CPSIA if the primary appeal of the product is to this age group. A manufacturer’s statement about a product’s intended use, including the product’s label, should be reasonable consistent with the expected use patterns for the product.
Product Presentation
The Commission will evaluate whether or not the product is represented in its packaging, display, promotion or advertising as appropriate for children 12 and younger. Such items such as advertising, packaging, text, etc. will be examined. In addition, physical location in a store or placement on pages included in a website advertising the product could imply suitability as a children’s product.
However, the Commission does make a strong differentiation between a children’s product and a general use product. For example, in a baby catalog, the inclusion of a plain light blue, yellow or ivory rug does not necessarily convert these products into children’s products as they have a much more general appeal.
Commonly Recognized by Consumers
Another factor commonly used is whether or not the product is commonly recognized by consumers as being intended for use by children 12 years and younger. For example, versions of board games that have general appeal to a wide audience may not be considered a children’s product. However, if a junior version exists, then it would likely be considered a children’s product.
Features and Characteristics of Children’s Products
Certain childish features or characteristics can be generally defined. Features that distinguish children’s products from adult products include such factors as:
- Small sizes that would not be comfortable for the average adult
- Exaggerated features that simplify the product’s use
- Safety features that are not found on similar adult products
- Colors commonly associated with childhood (pinks, blues, bright primary colors)
- Decorative motifs commonly associated with childhood
- Features that do not enhance the product’s utility but contribute to the attractiveness to children 12 years of age and younger
- Play value
Children’s Interaction with the Product
Most products intended for children will involve the child having physical interaction with the product. There are a few products that are intended for use in a child’s environmental but are not intended to be used by the child. For example, nursery themed lamps, clocks or other nursery decorations that are made for placement but are not operated or handled by a child. Not all products made for children are considered children’s products. The key here is to consider the interaction between the product and the child.
SGIA will be submitting comments on this proposed interpretative guidance. If you would like to offer input, have questions, or would like to discuss this proposal, please contact Marci Kinter at marcik@sgia.org.
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SGIA Resources for CPSIA Compliance
To understand the implications of this important legislation, SGIA has the following resources available to you:
CPSIA Fact Sheet – A quick overview of the new law
CPSIA: Are you in Compliance?
CPSIA Update Webinar - July, 2009 
Consumer Product Safety Information Act Webinar - February 09, 2009
Consumer Product Safety Information Act of 2008
SGIA Blog
Your feedback about the new CPSIA legislation can help the greater specialty imaging community — post your comments on SGIA’s community Blog and share your experiences as you work to comply with the new rules.
Join SGIA’s listserv on this important topic and receive timely updates! Send an email to govt@sgia.org.
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