CPSC Final Rule Creates Internet/Catalog "Choking Warning" Requirements for Certain Toys and Games
The Consumer Product Safety Commission has issued a final rule, pursuant to the Consumer Product Safety Improvement Act of 2008 (CPSIA1), requiring cautionary statements on choking hazards in the advertising of certain toys and games in catalogues and other printed materials and the Internet, if the advertising provides a direct means to purchase or order the product2.
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Advertising for Toys/Games that Require FHSA Choking Warnings Must Have Cautionary Statements
The final rule adds a new 16 CFR 1500.20 entitled, "labeling requirement for advertising toys and games" that requires 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 to purchase or order the product2.
For example, an advertisement with a direct means to purchase a toy or game that includes a small part and is intended for use by children who are at least three but less than six years of age, must bear or contain the following cautionary statement: [safety alert symbol] WARNING: CHOKING HAZARD--Small parts. Not for children under 3 yrs.
(See final rule for exact warning formats specific to small parts in toys and games; marbles, balloons, and small balls separately or in toys and games; and for the definitions of these terms.)
Internet Advertisements Must Comply by Dec 12th
The final rule requires Internet advertisements with a direct means to purchase or order a toy or game that requires a FHSA cautionary statement to comply with the above warning statements no later than December 12, 2008.
Catalogues/Printed Advertisements Must Comply if Printed on/after Feb 10th
The effective date of this requirement with respect to catalogues and other printed advertising material with a direct means to purchase or order a toy or game that requires a FHSA cautionary statement is February 10, 2009. Therefore, such catalogues and other printed advertising materials that are printed on or after February 10, 2009 must have the required cautionary statement.
Grace Period for Catalogues/Printed Advertisements Printed before Feb 10th
The CPSC is providing a grace period of 180 days, or until August 9, 2009, during which subject catalogues and other printed advertising material printed prior to February 10, 2009 without the required cautionary statements may be distributed.
All Catalogues/Materials Must Comply by August 9, 2009
However, all subject catalogues/other printed advertising materials that are distributed on or after August 9, 2009 will have to comply with the final rule, regardless of when they were printed.
Abbreviated Warnings and Alternatives May be Used in Certain Circumstances
Abbreviated versions of the required cautionary statements are permitted in each individual product advertisement, provided that, among other things, the corresponding full cautionary statements appear in the catalogue and a statement referring to the precise location of the full cautionary statements - such as the page number on which the cautionary statements can be found - is located at the bottom of each catalogue page that contains one or more abbreviated cautionary statement. The final rule also lays out a numbering scheme for full cautionary statements according to the type of required statement.
An example of an abbreviated cautionary statement is: [safety alert symbol] CHOKING HAZARD (1,2). Not for under 8 yrs.
The final rule also provides alternatives to cautionary statements in certain instances, such as when all products in a catalogue require the same cautionary statement, etc.
In addition, the CPSC has replaced the proposed minimum type size requirement of 0.08 inches for abbreviated cautionary statements with the following guidance: ''The type size of abbreviated cautionary statements shall be reasonably related to the type size of any other printed matter in the product advertisement, and must be in conspicuous and legible type by typography, layout, or color with other printed matter in the advertisement and separated from other graphic matter.''
Exception for Certain Business-to-Business Catalogues
The final rule exempts catalogues circulated solely between businesses from the rule's requirements, except where the recipient business is one that could be expected to be purchasing the product for the use of children rather than for resale. Examples of businesses that can be expected to be purchasing products for the use of children include day care centers, schools, and churches.
1Enacted on August 14, 2008 as Public Law 110-314.
2Any method of purchase that allows the purchaser to order the product without being in the physical presence of the product. Advertising that provides a direct means of purchase or order of a product would include 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 10/09/08 and 10/21/08 news, 08100800 and 08102105, for BP summaries of the proposed rule and a CPSC conference call on the proposed rule, respectively.)
CPSC contact - Barbara Parisi (301) 504-7879
CPSC final rule (FR Pub 11/17/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-26964.pdf