DeWitt Ross & Stevens specializes in advising clients on all aspects of the laws and regulations in regards to the newly enacted “Consumer Product Safety Improvement Act of 2008” (CPSIA). CPSIA is a sweeping law that impacts a broad spectrum of our economy. Almost everyone, including manufacturers, retailers and consumers, is affected in some way.
The Act, signed on August 14, 2008 by President Bush, amends the Consumer Product Safety Act (“CPSA”) and other specified Federal laws. The Act is the most comprehensive overhaul of consumer product safety laws since 1972 when Consumer Products Safety Commission ("CPSC") was created. Changes in the law have been characterized as “dramatic.”
The Act’s testing and certification requirements impose new direction in product safety regulation: demonstrate safety first, then sell, as opposed to reacting when problem occurs. A situation in flux: full scope, impact and meaning of Act not yet known.
- Sixty plus pages; 44 sections with numerous subsections.
- Lots of unknowns and issues: CPSC deluged with questions, inquiries, requests for information, interpretation, and “extensions”.
- Act directs CPSC to promulgate numerous new regulations and procedures.
- Court action over implementation of Act already filed and more expected.
- Act’s consideration and ensuing passage was not well publicized; it is expected that Congress will be asked to modify some provisions once impact is felt.
Major facets of the Act:
- “Ban” on lead and specified phthalates (chemicals to make plastics flexible) in children’s products.
- “General conformity” certification required for any product subject to a CPSC rule, ban, standard, or regulation.
- Mandatory third-party testing and certification for children’s products.
- Mandatory product tracking on labels and packaging on children’s products.
- New mandated choking hazard warnings in advertising and on websites for children’s toys and games.
- Significantly increased civil penalties.
- Lower burden of proof for criminal prosecution.
- State Attorneys General given power to enforce federal product safety laws.
- CPSC given greater authority relating to recalls.
- Very tough whistle-blower protection for employees who report safety violations or who cooperate in investigations.
- Sharing of information with other federal agencies, foreign regulators, and state health agencies.
- Mandated searchable consumer product safety information database available to the general public.
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Business owners should take the time to understand the new CPSIA rules. This law affects the largest global manufacturer to the crafter working in the family workshop to the family-run shop on the corner. All children’s products including toys, books, child care articles and clothing are covered in different ways by this law, and there are specific rules for specific products.
If you have questions or would like additional information about the CPSIA or any other consumer products safety issue, please contact one of our Consumer Products Safety practice group members listed below.
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U.S. Consumer Product Safety Commission
Breaking News and Recent Recalls
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Consumer Product Safety Attorneys
Madison Office