Children's Products under CPSC Jurisdiction

Consumer Product Safety Commission ("CPSC") is charged with regulating children's products. This jurisdiction may, at times, be joint with other agencies, such as FDA when the children's product is also a food contact product. 

What are the CPSC requirements for Children's Products? 

The requirements for children's products vary depending on the type of product. Some products are required to have flame retardants, some are required to have testing completed for lead levels, and still others are required to test for durability under stress for age limits. 

What are the requirements for Small Batch Manufacturers? 

A small batch manufacturers have certain exemptions from third party testing of all children's products.  A small batch manufacturer is defined as having a total gross sales of $1 million or less and 750,000 units or fewer of the same product. An importer may qualify as a "small batch manufacturer" as well. 

What third party testing is required regardless of Small Batch Manufacturer? 

  • lead-in-paint and other surface coatings
  • full-size cribs and non-full-size cribs
  • pacifiers
  • small parts for children under 3 years of age
  • children's metal jewelry
  • baby bouncers, walkers, and jumpers
  • infant bath seats
  • infant walkers
  • toddler beds
  • other durable infant or toddler products

What testing is not required if you are registered as a Small Batch Manufacturer? 

  • total lead content
  • ban on certain phthalates in children's toys and certain child care articles
  • bicycle helmets
  • bunk beds
  • rattles
  • dive sticks
  • bicycles
  • carpets and rugs
  • vinyl plastic film
  • wearing apparel
  • clacker balls
  • children's sleepwear
  • electronically operated toys
  • ATVs
  • mattresses

 In order to fall under the exemption your company must be registered as a small batch manufacturer and your component part manufacturer certifies that the component was made in accordance with International Standards.  


AV Preeminent Rating

10.0Lisa Capote


Lisa Capote
Rated by Super Lawyers

loading ...

Copyright © 2021 Capote Law Firm

This website is intended solely to convey general information about Capote Law Firm and should not be construed as legal advice. Neither your use of this site nor your transmission of electronic mail to Capote Law Firm or any of its lawyers will create an attorney-client relationship. The formation of an attorney-client relationship requires satisfaction of multiple factors such as resolution of possible conflicts of interest, an appropriate fee arrangement, and mutual agreement on the terms of the engagement. This Website should not be interpreted as an offer by Capote Law Firm or any of its attorneys to practice law in any jurisdiction in which Capote Law Firm or the attorneys are not properly authorized to do so. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience or call us to discuss any specific questions.