Why should you care about the CPSIA?
Ever heard of the Consumer Products Safety Improvement Act (CPSIA)? Whether you know it or not, this law – passed in 2008 – will impact anyone who is a buyer of promotional products. Initially aimed at ensuring the safety of products aimed at children, the CPSIA will very likely be broadened to cover all consumer products in the not too distant future.
For now, there are many changes that the CPSIA has brought about with regard to product safety. The most important of these relates to the amount of lead and phthalates in children’s products. After numerous product recalls in 2007 by companies (such as Mattel) that found high levels of lead paint in children’s toys, Congress reacted by giving the CPSIA some serious teeth, including harsher civil fines and criminal penalties for intentional violations. In addition, anyone who sells products aimed at children must now more consistently track information about their products.
Starting in February of 2010, all U.S.-based manufacturers and importers of children’s products will be required to have their goods independently tested for compliance with the CPSIA. Nonetheless, distributors of those products (including promotional products distributors like us) will still need to ensure that what they sell is in compliance.
So what does this mean for you? If you are a marketing professional or business executive who buys promotional products, you need to ensure that you are working with a distributor that is up to date on the CPSIA, and that the suppliers your distributor is using are in compliance. In addition, when making product selections, you may find it helpful to know that some vendors, such as pen manufacturer BIC Graphic, will grant indemnification to customers who seek protection.
What if you don’t buy children’s products? First of all, it’s important to understand that the term “children’s products” applies to more than just toys. The CPSIA defines them as any product designed for children age 12 and under. But it also applies its requirements to items marketed to children, packaging featuring children, or commonly recognized “kid items.”
This can be tricky when applied to promotional products, which are often normal, everyday items that are adapted for specialized use in a promotion that may or may not be targeted at children. Lets take ball point pens. Did you know that all pen points are made of metal alloys that contain lead? This means that any pen imprinted with a child-friendly logo or message would not comply with CPSIA requirements.
And the situation is even more complicated when it comes to toys. The CPSIA states that any toy, not just those “primarily intended” for children, will be regulated. This means that while you may not EVER purchase promotional items with the intention of distributing them to children, you may purchase items that are legally considered toys for distribution to adults and therefore you will be subject to the requirements of the CPSIA. Stress relievers are a good example – legally designated a toy, they are often branded and used as giveaways at trade shows and in promotions.
The good news is that the promotional products industry is responding to concerns about product safety and has formed the Quality Certification Alliance (QCA), which is attempting to establish industry standards for product safety, social compliance and other issues of concern. Educated distributors of promotional products will know to source goods for their customers from QCA member companies, or to ask for documentation showing evidence of product safety from non-QCA members.
What can you do as a buyer of promotional products? Ask your distributor what THEY are doing to ensure compliance with the CPSIA and make sure you are comfortable with the level of due diligence that they are undertaking on your behalf.