Final Rule Approved on CPSIA Definition of Children’s Products

Wednesday, October 13, 2010

Final Rule Approved on CPSIA Definition of Children’s Products


In a vote of 3 – 2,  the Consumer Product Safety Commission (CPSC) approved a final interpretive rule defining the term “children’s products” as used in the Consumer Product Safety Improvement Act of 2008 (CPSCIA).


The finalized version makes six significant changes:

1.      Determined that the language “foreseeable misuse” of products may be difficult for manufacturers to establish, so analysis of “foreseeable uses” is adequate.

2.      Removal of age distinctions for CDs/DVDs

3.      The four statutory factors for packaging of art materials, science equipment and instruments must be applied if the packaging states or implies the product is designed primarily for children 12 and under.

4.      Inclusion of nursery themed lamps should be based on the four statutory factors.

5.      Art materials do not require testing and certification under the Labeling of Hazardous Art Materials Act (LHAMA), however, if designed or intended primarily for children 12 and under they have to be third-party tested and certified to show CPSIA compliance.

6.      Clarifies that certain model trains and railroad sets are for “hobbyists”, not children.


The final version of the rule may be viewed by clicking on the following link: