In a split decision by the U.S. Consumer Product Safety Commission (CPSC), a request by the Writing Instrument Manufacturers Association (WIMA) for the exclusion of pen point components from the lead standard under the Consumer Product Safety Improvement Act of 2008 (CPSIA) has been denied. Commissioner Nancy A. Nord voted in favor of granting the exclusion, while Acting Chairman Thomas H. Moore voted against it. The commissioners also reached a split decision on the matter of a possible stay of enforcement of the lead standard as it pertains to these components. Commissioner Nord voted in favor of a stay, while Acting Chairman Moore voted against a stay. Therefore, there will be no stay of enforcement at this time.

In separate statements issued by the commissioners, Acting Chairman Moore noted that "the vast majority of ballpoint pens are not covered by the new lead ban because they are not children's products" while Commissioner Nord contended that "If there were any product that would seem to qualify for the exclusion, it is this one." In a response to WIMA's petition, CPSC General Counsel Cheryl A. Falvey emphasized that only pens intended primarily for children require testing and certification for lead content under CPSIA. She noted that even pens with cartoon characters on them, pens marketed to executives with puzzle features, and pens marketed as back-to-school items may not be intended primarily for children because of their mass appeal, and, therefore, may not fall under the scope of the CPSIA.

Link to: Request by WIMA for exclusion of pen point components

Link to: Statements by Acting Chairman Moore and Commissioner Nord

Link to: General Counsel's response to WIMA

017-06-09