Government Affairs
Consumer Product Safety Improvement Act of 2008
The Issue
On August 14, 2008, the Consumer Product Safety Improvement Act of 2008 was signed into law. Its official purpose is to “establish consumer product safety standards and other safety requirements for children's products and to reauthorize and modernize the Consumer Product Safety Commission (CPSC).” The Act alters the CPSC’s product safety standards and review process and requires mandatory third-party testing of all products marketed to children under age 12.
The measure requires the CPSC to lower the permissible lead level in children’s products to the lowest level that is technically feasible and directs manufacturers how to comply with the limit. The lead limit must be 600 parts per million beginning 180 days after enactment, and after three years levels are capped at 100 parts per million. The previous product safety law capped the penalty for violations at $1.25 million.The new law increases this cap to $20 million.
Our Goal
ASA's goal is to assist industry members in understanding and complying with the new law to avoid any penalties, as well as to attempt change in the law so that is has reasonable and obtainable compliance standards.
Background
The Consumer Product Safety Improvement Act of 2008 (CPSIA) was a broad response to recent product recalls — particularly recalls of toys contaminated by lead.Since August 2007, the CPSC has recalled at least 28 children’s toys because of the risk posed by lead.
In response to the recalls, dozens of lawmakers introduced bills to overhaul the CPSC and its review procedures. The House version of the bill, HR 4040, was the product of several months of negotiations between members on the House Energy and Commerce Committee. The bill incorporated provisions from several other bills introduced in the House, including a bill that would require all toys marketed to children under the age of 12 to undergo safety testing, and a bill that would reduce the lead standard acceptable for children’s toys.The Senate version of the bill, S 2663, also underwent several revisions before being passed.
The CPSIA made several dozen changes to the former Consumer Product Safety Act including a requirement that all children’s products marketed to children under the age of 12 must undergo third-party testing and certification. Under the previous law, manufacturers were required to issue a certificate verifying that products complied with consumer product regulations, but did not specify any separate requirements for children’s products.The CPSIA incorporated the broadest changes to the law in recent years, requiring the third-party testing of children’s products and allowing the CPSC to issue recalls more quickly through a new expedited rule-making procedure.
