DeWitt Ross & Stevens specializes in advising clients on all aspects of the laws and regulations in regards to the Consumer Product Safety Improvement Act (CPSIA). The Act impacts a broad spectrum of our economy and almost everyone, including manufacturers, retailers and consumers, is affected in some way.
The Act’s testing and certification requirements impose direction in product safety regulation, mainly - demonstrate safety first and then sell the product, rather than simply reacting when a problem occurs without checking the product’s safety first.
Business owners should take the time to understand the 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.
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.
If you have questions or would like additional information about the CPSIA or any other consumer products safety issue, please contact Jordan Lamb at 608-252-9358 or jkl@dewittross.com.