The Consumer Product Safety Improvement Act of 2008 (CPSIA) was signed into law on August 14, 2008. The CPSIA establishes consumer product safety standards and other safety requirements for children’s products and “reauthorizes” and “modernizes” the Consumer Product Safety Commission. It is a very strong law involving harsh civil and criminal penalties for those who violate it. Read all about the Act here.
One important aspect of the Act lowers the amount of lead that can be in children’s products. The limits will be phased in over the course of three years. By February 10, 2009, products designed or intended primarily for children 12 and younger may not contain more than 600 ppm of lead. Children’s products that contain more lead than 600 ppm are banned in the U.S. after February 10, 2009, and the sale of those products can result in significant civil and criminal liability. After 1 year from enactment, or August 14, 2009, products designed or intended primarily for children 12 and younger cannot contain more than 300 ppm of lead. The limit goes down to 100 ppm after three years, or August 14, 2011, unless the Commission determines that it is not technologically feasible to have this lower limit.
Another important aspect of the Act is that it requires third-party testing of children’s products. Class actions against manufacturers of products that violate the Act may be warranted as compliance fails.
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