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New CPSC Labeling Requirements

October 21, 2008—This abridged article, originally published in Essentials Weekly (Oct. 21, 2008), is reprinted with permission from NSSEA. AEP members who manufacture or package educational toys and games containing small parts intended for use by children three to six years old and for balloons, small balls and marbles intended for children 3 years of age or older (as well as any toy or game containing such a balloon, small ball or marble) should read the proposed labeling requirements.

Representatives from the Consumer Products Safety Commission (CPSC) held a conference call on October 20 to hear about labeling requirements for toys and games with small parts and to listen to concerns about the potentially negative impact on business operations in complying with the recently passed Consumer Product Safety Improvement Act.

The proposed regulations will take effect on December 12, 2008, for Internet advertising and February 10, 2009, for printed materials with a possible 180-day grace period for printed materials, such as catalogs, to ease the burden on catalog production cycles. All catalogs distributed after August 9, 2009, regardless of when they were printed, must contain the required cautionary statements. The Commission has asked for input on their proposed grace period from manufacturers, distributors, and retailers on the size and placement of the warnings, its impact on business, catalog production schedules, etc., as it relates to catalogs and other printed materials.

The packaging for certain toys and games intended for use by children is required to contain a label or cautionary statement regarding choking hazards. These products include small balls, marbles, balloons and toys with small parts that apply to products for children under 6 (under 8 for balloons). The Consumer Product Safety Improvement Act of 2008 requires that advertising for these products that provides a direct means of purchasing or ordering the product must also contain the cautionary statement regarding choking hazards. The new regulations propose minimum type-size and placement requirements of the cautionary statements in catalogs and other printed materials and internet advertising.

During the conference call, several points were covered including:

• The labeling requirements do not apply to business-to-business catalogs. (The CPSC is still considering whether this applies to catalogs sent to schools.)
• The labeling requirements do not apply to websites that do not allow for online ordering (e.g., shopping cart, 800 number for orders, or an order form to download). If the site refers consumers only to retail stores, they do not have to post the warnings.
• Retailers will not be held in violation if they request the warning labels from manufacturers, but they are not provided to them.
• Changes in the type size requirement are being considered along with suggestions from NSSEA members on innovative ways to consolidate the cautionary statements on the inside of the catalog or near the order form or to allow for the use of multiple abbreviated warnings or symbols in conjunction with the full warning.

The CPSC has posted regulations for the proposed labeling requirements for hazards associated with toys and games included in Section 105 of HR 4040 and in the October 6 edition of the Federal Register as part of the Federal rulemaking process.

For more information on this and other new regulations in the legislation:
Consumer Product Safety Improvement Act
Consumer Product Safety Commission

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