CPSC Issues Proposed Rule on New Internet/Catalog "Choking Warning" Requirements for Toys and Games, Etc.
The Consumer Product Safety Commission has issued a proposed rule as mandated by the Consumer Product Safety Improvement Act of 2008 (CPSIA, Public Law 110-314), that would require cautionary statements on choking hazards in the advertising of certain toys and games in catalogues and other printed materials and the Internet.
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Comments concerning the advertisement requirements with respect to catalogues and other printed materials must be received by October 20, 2008. Comments concerning the requirements with respect to Internet advertisements must be received by November 20, 2008.
Advertising for Toys/Games Requiring Choking Warnings Must Also Have Warnings
The proposed rule would add a new 16 CFR 1500.20 entitled, "labeling requirement for advertising toys and games" that would require any toy or game that must have a cautionary statement under sections 24(a) and (b) of the Federal Hazardous Substances Act about the choking hazards associated with small parts, balloons, small balls, or marbles to bear that cautionary statement in the product's advertising if the advertising provides a direct means for the consumer to purchase or order the product1.
For example, the advertising for any article that is a toy or game intended for use by children (ages 3-5) must bear or contain the following cautionary statement if the toy or game includes a small part: Warning: CHOKING HAZARD-(xxxxx). Not for children under 3 yrs.
(See proposed rule for warnings specific to small parts, marbles, balloons, small balls, and toys containing these items; for proposed abbreviated versions of the warnings; for proposed definitions of small parts, marbles, latex balloons, etc.)
Warnings Would be Required Dec 12, 2008 for Internet Advertising
The proposed rule would require the hazard warnings on Internet advertising of the subject products, effective December 12, 2008.
Warnings Would be Required Feb 10, 2009 for Newly Printed Catalogues/Material
The effective date of this requirement with respect to catalogues and other printed materials would be February 10, 2009. However, the CPSC is proposing a grace period of 180 days, or until August 9, 2009, during which catalogues and other printed materials printed prior to February 10, 2009 without the warnings could be distributed.
Warnings Would be Required Aug 9, 2009 for All Catalogues/Printed Material
All catalogues and other printed materials distributed on or after August 9, 2009 would have to comply with the standard, regardless of when they were printed.
CPSC Seeks Comments on Warning Format, Lead Time, Costs, Etc.
The CPSC specifically seeks comments on the following:
(1) The abbreviated versions and the minimum type-size and placement requirements of the cautionary statements as proposed in this rule;
(2) The impact of the proposals on minimum type-size and placement in catalogues and other printed materials on businesses;
(3) How often catalogues or other written materials are published and how much lead time is required to prepare these materials for publication;
(4) The cost of publishing new catalogues to meet these requirements without the 180 day grace period; and
(5) Whether the advertising requirements for catalogues and other printed materials should also apply to materials distributed solely between businesses and not to ultimate consumers, etc.
1Any method of purchase that allows consumers to order the product without being in the physical presence of the product, including catalogues or other printed advertising material that contain order blanks, telephone numbers or fax numbers for placing orders, and Internet Web sites that enable consumers to purchase a product online or through the use of a telephone number or fax number provided on the Internet Web site.
(See ITT's Online Archives or 09/22/08 news, 08092212, for BP summary of CPSC seeking advance comment on this CPSIA cautionary statement requirement.
See ITT's Online Archives or 08/04/08 news, 08080410, for comprehensive BP summary of the CPSIA.)
- comments on catalogue/other printed material advertising due October 20, 2008
- comments on Internet advertising due November 20, 2008
CPSC contact - Barbara Parisi (301) 504-7879
CPSC proposed rule (FR Pub 10/06/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-23543.pdf