What is CPSIA and does it apply to promotional products?

What CPSIA is

CPSIA stands for the Consumer Product Safety Improvement Act. Congress passed it in 2008. The US Consumer Product Safety Commission (CPSC) enforces it. The law grew out of public concern over lead in toys and other items made for kids.

For children's products, CPSIA generally requires:

• Limits on lead in the product and in surface coatings such as paint.
• Limits on certain phthalates in toys and child care articles.
• Testing by a CPSC-accepted third-party lab for many children's products.
• A written Children's Product Certificate (CPC) from the manufacturer or importer.
• Tracking labels on children's products and their packaging, so they can be traced.
• Safety rules for specific items, such as small parts limits for toys for young children.

When it applies to promotional products

The key test is the intended audience. The law defines a children's product as one designed or intended primarily for children 12 years old or younger. Factors include how the maker labels and markets it, whether it looks like something a child would use, and whether it is commonly sold for kids.

That means a branded tote or steel pen for office staff is usually not a children's product. But a branded toy, a youth t-shirt, a kids' backpack, a coloring set or a stress ball marketed to children can be.

Being a giveaway does not exempt an item. A free item handed to children still has to meet the rules if it is a children's product.

Common mistakes to avoid

• Assuming all giveaways are exempt. Check the audience first. A school or church event often means kids will receive the item.
• Assuming small items are fine. Small parts can be a choking hazard for very young children, and this is a separate concern from lead.
• Ignoring the decoration. Inks and coatings count as part of the product when checking lead limits.
• Treating a label as proof. Ask for the Children's Product Certificate or test documentation if the item is for kids.

How to choose safely

If kids will receive your items, pick products made and sold for that audience, such as youth sizes or toys. Ask for compliance documents before you order. Other safety rules may also apply, such as California's Prop 65 warning law, which covers certain chemicals in products sold in that state. For legal questions about your specific item, check with the CPSC or a qualified professional.