President’s Letter – August 2, 2011: Amending
the CPSIA … What it Means for Your Business
August 2, 2011 | It took barely ten months for
the Consumer Product Safety Improvement Act (CPSIA) – 160+ pages
of the most sweeping changes in consumer protection laws to be made in
thirty years – to make its way through both houses of Congress
before being adopted in August 2008. As the provisions of the law
were implemented, it came as little surprise that some unintended
consequences needed to be addressed.
Yesterday Congress acted decisively to cure those problems.
Just before adjourning last night, members of the U.S. Senate
approved by Unanimous Consent an amendment to the CPSIA (H.R. 2715). Earlier in the day the House had
approved the same amendment with a strong, bipartisan vote of
As I write this letter, we are awaiting word that President Obama has
signed the bill. If and when the bill becomes law, three of the
most important changes for toy companies will be:
- The new 100ppm limit for accessible lead content will apply only to
products manufactured after August 14, which is the effective date of
that limit. Perfectly safe goods that comply with current standards and
are currently available at retail can continue to be sold without
additional requirement, testing and certification.
- The limit on phthalates will not apply to any component parts of a
toy that are not accessible to a child through reasonably foreseeable
use and abuse of the product.
- Existing third party testing requirements will remain in place, but
within 60 days of enactment the CPSC must seek public comment on
opportunities to reduce the cost of such testing; small batch
manufacturers will get special consideration during this review.
A more detailed summary of the changes to the CPSIA and how they will
affect toy companies has been posted to TIA’s CPSIA Resource Page.
Our representative form of government may not be speedy and it may
not always be perfect … but it does work.
For more than three years, TIA has worked alongside numerous other
industry organizations to call for the adoption of legislation to fix
the problems with the CPSIA. We have suggested language that would
cure the problems while preserving the important consumer product safety
protections contained in the Act. Our capable staff has been in
daily contact with Members of Congress and their staffs to bridge
differences among the interested parties. And our members –
along with others in the toy industry – met with Congressional
representatives and reached out with more than 7,000 messages urging
support of a much-needed amendment.
HR 2715 is a victory for consumers, legislators, NGOs, and
industry. We can be proud of our collective
Congratulations to all!