Consumer Product Safety Improvement Act (CPSIA)

1. Introduction to the Consumer Product Safety Improvement Act (CPSIA)

The CPSIA is the safety improvement act signed into law by U.S. President Bush on August 14, 2008. This act is the most stringent consumer protection legislation since the establishment of the Consumer Product Safety Commission (CPSC) in 1972. In addition to imposing stricter requirements on lead content in children's products, the new act also sets new regulations on the levels of harmful phthalates in toys and child care articles. Furthermore, the act mandates the creation of a public database on consumer product safety.

The CPSIA affects all industries in the United States involved in the production, import, and distribution of toys, goods, and other children's products and care items. All manufacturers must ensure their products comply with all the provisions, standards, or rules of this act. Regarding phthalate content, while DINP, DIDP, and DNOP are temporarily banned pending the outcome of the CHAP study to decide whether to lift the ban or make it permanent, DEHP, DBP, and BBP are permanently prohibited. Products must be tested by CPSC-accepted testing facilities; otherwise, manufacturers may face substantial penalties and export disruptions. The design of the CPSIA enables the U.S. Consumer Product Safety Commission (CPSC) to better regulate the safety of imported products sold in the U.S. It also includes regulations aimed at making products safer for children under 12 years old, requiring manufacturers and importers to declare that their products do not contain harmful levels of lead and phthalates.

2. Lead Content Testing for Toys/Children's Products and Coatings/Paints

lSmall parts test that may cause choking

lPacifiers/teethers

lChildren's beds with railings

lChildren's metal jewelry

lInflatable baby bouncers, baby walkers, jump ropes

3. Relevant Provisions

U.S. CPSIA/HR4040 testing for lead/phthalates

Section 101 Lead-containing children's products; lead paint regulations

Section 102 Mandatory third-party testing for certain children's products

Section 103 Tracking labels for children's products

Section 104 Standards and consumer registration for durable infant or toddler products

Section 105 Labeling requirements for advertising of toys and games

Section 106 Mandatory toy safety standards

Section 107 Study of preventable minority child injuries and deaths related to consumer products

Section 108 Ban on the sale of certain products containing phthalates