LawCustoms Children's Articles

The term children's product means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered: (A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. (C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. (D) The Age Determination guidelines issued by the Commission staff in September 2002 and any successor to such guidelines.

The term ‘‘children’s toy’’ means a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays. See PL 110-314, Sec. 108(e)(1)(B); 15 USC 2057(c) cited in PL 110-314, Sec. 108

The term ‘‘child care article’’ means a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething. See PL 110-314, Sec. 108(e)(1)(C); 15 USC 2057(c) cited in PL 110-314, Sec. 108

Age Determination Criteria:

In determining whether products are designed or intended for use by a child of the ages specified, the following factors shall be considered: (i) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (ii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children of the ages specified. (iii) Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified. (iv) The Age Determination guidelines issued by the Commission staff in September 2002 and any successor to such guidelines. See PL 110-314, Sec. 108(e)(2)(A); 15 USC 2057(c) cited in PL 110-314, Sec. 108

A toy can be placed in a child’s mouth if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the children’s product can only be licked, it is not regarded as able to be placed in the mouth. If a toy or part of a toy in one dimension is smaller than 5 centimeters, it can be placed in the mouth. See PL 110-314, Sec. 108(e)(2)(B); 15 USC 2057(c) cited in PL 110-314, Sec. 108

Questions pertaining to Children's Articles:

Have the product been tested by an accredited third party?

See CPSC Presentation "Mandatory Third-Party Testing for Certain Children's Products" (October 2, 2008). Also see CPSC's CPSIA Sec. 102 Interpretation: "The new legislation imposes an additional third-party testing requirement for all consumer products primarily intended for children twelve years of age or younger."

Is there a lead limit 300 parts per million or more in total lead content by weight for any part of the children's product?

See PL 110-314, Sec. 101(a)(2)(B)

Does the product contain concentrations of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP)?

See PL 110-314, Sec. 108(a); 15 USC 2057(c) cited in PL 110-314, Sec. 108

Can the product be placed in a child's mouth or can be interpreted as child care article?

See PL 110-314, Sec. 108(a); 15 USC 2057(c) cited in PL 110-314, Sec. 108

If the product contains concentrations of more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP) importation in the U.S. is most likely prohibited.

If the children's product has any lead containing components, are they accessible by children?

See 16 CFR 1500.87, Proposed Interpretative Rule

Lead content limits do not apply to component parts of a product that are not accessible to a child through normal and reasonably foreseeable use and abuse.

Inaccessible component part is one that is located inside the product that a child cannot touch. An accessible component part includes a part that a child may touch or place in the mouth, not just a component part that a child might ingest, since exposure to lead may occur during direct mouthing of an object or mouthing of fingers/hands. Component part is not accessible if it is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product including swallowing, mouthing, breaking, or other children’s activities, and the aging of the product, as determined by the CPSC. Paint, coatings, or electroplating may not be considered to be a barrier that would render lead in the substrate to be inaccessible to a child. Manufacturer’s determination that a lead-containing part on their product is inaccessible to a child and not subject to the new lead content limits is acceptable but must conform to guidance.

Also see Learning Curve exclusion request for toy tractor's brass collar, which was denied because it is accessible to children

Is the product a toy?

Can your product be an article which is intended to support very young children while sitting walking, bouncing, jumping, and/or reclining, and which because of its design has any exposed parts capable of causing amputation, crushing, lacerations, fractures, hematomas, bruises, or other injuries to fingers, toes, or other parts of the anatomy of young children?