Basic Summary:

The packaging for certain toys and games intended for use by children is required to contain a label, or cautionary statement, regarding choking hazards. This section of the new law requires that advertising for these products which provide a direct means of purchase or order of the product must contain an appropriate cautionary statement. When a product’s packaging requires a cautionary statement, the advertising for the product, including Internet sites and catalogues, must bear the same cautionary statement. There are requirements as to the layout, type, language, color, and placement of the statement. The requirements are treated as a consumer product safety standard issued under section 9 of the CPSA.

Manufacturers, importers, distributors, or private labelers, of such products must inform retailers if a cautionary statement is required. Conversely, retailers have a duty to ask the manufacturer, importer, distributor, or private labeler if a cautionary label is required for a particular product. If the retailer asks and receives no information or false information, the retailer is not liable.

Effective Date: The requirement with respect to advertisements on Internet websites is effective 120 days after enactment or December 12, 2008. The requirement with respect to catalogues and other printed materials is effective 180 days after enactment or February 10, 2009.

Comments: Comments on this section of the legislation have been requested informally on our web site at http://www.cpsc.gov/businfo/advertrule.pdf and will be requested formally in the notice of proposed rulemaking.

For more information on the CPSIA contact the Consumer Product Safety Commission at http://www.cpsc.gov/cgibin/newleg.aspx, and we will address the most frequently asked questions.

This document is an unofficial description of one of the sections of the CPSIA and does not replace or supersede the statutory requirements of the new legislation. The dates used follow the legislation. Some may be subject to change based on final Commission action. These summaries are those of the CPSC staff and have not been reviewed or approved by, and may not necessarily reflect the views of the Commission.