In a conference call held this morning, Consumer Product Safety Commission (CPSC) staff addressed questions regarding the new labeling requirements for advertising toys and games under Section 105 of the Consumer Product Safety Improvement Act of 2008 (CPSIA).

The packaging for certain toys and games intended for use by children is already required to contain a label, or cautionary statement, regarding choking hazards, in accordance with 16 CFR 1500.19. The CPSIA expands this requirement to the advertising of toys and games sold via Internet websites or in catalogues or other printed materials.

The following points were made during this morning’s CPSC conference call:

• Choking hazards: The cautionary statement rule under Section 105 applies only to choking hazards presented by small parts, small balls, marbles and balloons, as required per 16 CFR 1500.19. The labeling requirements of ASTM F963-07 are not required under Section 105, except as referenced to 16 CFR 1500.19. Additional labeling statements can be included, if desired.
  
  
• Direct means of purchase: Any advertising which provides a direct means of purchase or order of these products must contain the cautionary statement regarding choking hazards. Examples of advertising which provides a direct means of purchase include 1-800 numbers, shopping cart functions on Internet sites, and order forms in catalogues. An Internet site, flyer or other advertisement which requires the user to go to a store in order to purchase the product would not be required to meet these requirements.
  
  
• Application to retailers: The manufacturer, importer, distributor or private labeler must inform the retailer of any cautionary statement requirements applicable to a product. A retailer is not in violation of these requirements if the retailer requests the information and the manufacturer, importer, distributor or private labeler fails to provide the information or provides false information.
  
  
• Type size requirements: Cautionary statements shall be prominently displayed in the primary language used in the advertisement and in conspicuous and legible type. While there are minimum type size requirements in 16 CFR 1500.19, for catalogue and Internet labeling, the CPSC is considering allowing a relative type size (size in relation to other printed matter) rather than an absolute type size (minimum type size).
  
  
• Placement: Abbreviated warnings are acceptable next to each item on a page, as long as the full warning statement per 16 CFR 1500.19 is included at the top or bottom of the page.
  
  
• Business-to-business catalogues: The CPSC is recommending that business-to-business catalogues be exempt from these labeling requirements. However, catalogues distributed to schools, day-care centers, etc., would not be exempt.
  
  
• Effective date for Internet advertising: The requirements for Internet advertising will take effect December 12, 2008.
  
  
• Effective date for catalogues and printed materials: Absent a grace period, the requirements for catalogues and other printed materials will apply to catalogues and other printed materials published or distributed on or after February 10, 2009, including catalogues that were printed prior to the effective date but not distributed until after the effective date. The CPSC is considering granting a grace period of no more than 180 days for previously printed catalogues and other printed materials. The CPSC made it clear that the statute specifically states that any grace period granted can be no more than 180 days. Therefore, if the maximum grace period is granted, then all catalogues and printed materials distributed after August 9, 2009, must include the required cautionary statements, regardless of when they were printed. This possible grace period does not apply to catalogues and printed materials which were printed after the 2/10/09 effective date. The CPSC's rulemaking on Section 105 is scheduled to conclude by November 12, 2008. At that time, a decision regarding a possible grace period will be announced.

Click here for link to CPSC web page with latest information regarding CPSIA.

As a CPSC accredited lab, STR is poised to assist our clients in complying with the new requirements and standards under the CPSIA. Our hazard prevention program for toys includes comprehensive design evaluation, safety testing, audit, inspection and responsible sourcing services. For more information, contact us at info@STRQuality.com.

014-10-08