Consumer Product Safety 

In August 2011, Congress enacted modest changes to improve the implementation of the CPSIA. The amendment addressed several major concerns with the CPSIA, and gave the CPSC meaningful new authorities and flexibilities that were previously missing.  Some of the most important fixes for retailers included:

• The effective date for the 100ppm lead limit that took effect on August 14, 2011 was applied prospectively by date of manufacture (rather than retrospectively based on a sell-by date);
  
• Adding authority for the CPSC to make an exemption from lead limits based on practicability and feasibility, with some better criteria for evidence basis and decision;
  
• Permitting flexibility for the CPSC to change the method of gauging public health harm from blood lead level to some better scientific alternative;
  
• Adding a requirement for CPSC to consider ways to reduce the amount of required third party testing, including redundant testing that occurs when two or more importers import a product that is substantially similar or identical in all material respects;
  
• Replacing the requirement for “random” sampling to “representative” sampling;
  
• Narrowing  the application of lead limits so that ordinary books and printed materials are excluded;
  
• Adding an exemption from phthalate testing for inaccessible components and requiring phthalate testing only on materials that might include phthalates;
  
• Providing more flexibility for the CPSC to exclude products from tracking label requirements when impractical to permanently mark the product; and
  
• Adding some additional protection in the public database for companies that notify the CPSC of materially inaccurate information.
  

In August 2008, Congress enacted the CPSIA with broad, bipartisan support.  The CPSIA established new federal standards for lead and phthalates, and requires testing, certification and labeling for certain children's products. The CPSIA was the most comprehensive overhaul of consumer product safety laws since the CPSC was created in 1972.

Some of the most significant impacts of the CPSIA include:

• widespread bans of lead and phthalates in children's products,
• mandatory third-party testing and certification for children's products,
• general conformity certificates for products subject to a CPSC rule,
• new traceability requirements for children’s products,
• new warnings in advertising and websites for toys and games,
• substantially increased civil penalties (up to $15 million),
• allowing state attorneys general to enforce federal product safety laws,
• giving the CPSC greater authority to dictate the terms of product recalls,
• whistleblower protection for private employees who report safety violations, and
• stepping up enforcement efforts involving other federal agencies, foreign product safety
  regulators and state health agencies.

Since enactment of the CPSIA, the law’s inflexibilities have led to unintended consequences that have cost industry millions of dollars without necessarily always improving product safety. Some examples included the retroactive effective dates for the lead and phthalate bans, prohibitive testing costs for small-batch toy producers, and effective bans on children’s all-terrain vehicles, bicycles and books.  

For more information, please contact Jim Neill, vice president of product safety, at jim.neill@rila.org or Stephanie Lester, vice president of international trade, at stephanie.lester@rila.org.