Skip to main content
A Better Partnership

Publications

Aug 2011
18
August 18, 2011

New law seeks to fix Consumer Product Safety Improvement Act


On Friday, August 12, 2011, President Obama signed into law H.R.2715, a bill to “fix” what Congress described as "unintended consequences" of the 2008 Consumer Product Safety Improvement Act (CPSIA). While the reform bill is not everything that industry had hoped for, it will provide some clarity and relief from certain CPSI requirements. In a nutshell, the new law:
 
  • Makes the new 100 ppm lead limit for children’s products prospective. Prior to the new law, the CPSIA would have prohibited the sale of all children’s products containing more than 100 ppm lead, regardless of manufacture date. Now, only children’s products manufactured after August 14, 2011, are subject to the limit;
  • Allows the Consumer Product Safety Commission (CPSC) to grant exceptions to the lead limit requirements for products that do not create an exposure risk to children. The new law provides procedures for manufacturers/distributors to request specific exceptions;
  • Grants certain exceptions to the lead limits for: children’s all-terrain vehicles, bicycles, and certain used children’s products;
  • Provides special exemptions for “small batch” manufacturers;
  • Exempts books and other printed materials from third-party testing requirements;
  • Excludes non-accessible parts in children’s products from phthalate limit requirements; and
  • Modifies CPSC’s evaluation of public database reports that may be materially inaccurate, and requires report submitters to provide model/serial numbers of allegedly defective products.

Warner Norcross & Judd's Consumer Product Safety Group regularly counsels clients regarding CPSIA interpretation and compliance. Members of the group have represented clients in CPSC matters for nearly 30 years and routinely advise clients in all areas of consumer product regulatory compliance. If you have questions about the CPSIA or other product regulation issues, please contact Chris Predko, chair of the Consumer Product Safety Group, at 616.752.2190 or cpredko@wnj.com.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset