In response to a request from the Association of American Publishers, Inc. (AAP), Cheryl A. Falvey, the General Counsel of the US Consumer Product Safety Commission (CPSC), released an advisory opinion letter on the applicability of the Consumer Product Safety Improvement Act of 2008 (CPSIA) to books. To support its request that CPSC exempt books and other non-book, paper-based printed materials from the CPSIA, the AAP provided CPSC with various test results demonstrating that children’s books and their components do not present any of the health or safety risks to children that the new legislation was intended to address. 

While the lead levels listed in the AAP’s test data were below the limits established in the CPSIA, the general counsel nevertheless rejected the exemption request because some of the tests were not for total lead content. She explained that in order for the Commission to issue exemptions for paper, paperboard, linerboard, printing inks, laminates, adhesives, and binding materials used in books from the lead content restrictions, CPSC would need total lead content test data to support the conclusion that these materials do not contain lead in excess of the levels established under the new law. Draft guidance on the type of reliable evidence CPSC likely would require to support such an exemption request for certain materials under the CPSIA  appears in a January 15, 2009 Federal Register notice.

Declining to grant the exemption, the general counsel clarified several points with respect to the CPSIA and both books with play value and “ordinary books”, or those that lack any play value and are published on cardboard or paper, printed by conventional publishing methods, and intended to be read.1 According to the advisory opinion letter:

• “Ordinary books” intended for readers of all ages, including children, are not subject to the lead provisions of the CPSIA because they are not intended or designed primarily for children.

• “Ordinary books” intended or designed primarily for children 12 years of age or younger are not subject to the ban on lead-in-paint.2

• “Ordinary books” intended or designed primarily for children 12 years of age or younger must meet the new lead content limit of 600 parts per million (ppm) and subsequent limit of 300 ppm, as established under the CPSIA.

• “Ordinary books” intended or designed primarily for children 12 years of age or younger are not subject to the phthalate provisions of the CPSIA.

• Toys accompanying “ordinary books” must comply with the provisions of the CPSIA.

• Books that have some inherent play value and constitute toys or have toy-like features would be subject to the phthalate limits specified under the CPSIA’s permanent ban. Examples include books intended for use in the bath tub or books that can be cut into paper dolls. In addition, books that are toys and that can be placed in a child’s mouth would be subject to the phthalates limits under the CPSIA’s interim ban.

Arent Fox will continue to monitor CPSC activities with respect to the CPSIA. Please contact any of the individuals below if you have any questions regarding this advisory opinion letter or the CPSIA in general.

Related Document:

• CPSC Advisory Opinion Letter on Books

1 This analysis also applies to educational magazines, posters, bookmarks, and similar products that are printed on cardboard or paper and have no play value.

2 The advisory opinion letter explains that printing ink is not considered a surface coating under 16 C.F.R. Part 1303 (Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint) because ink soaks into paper or cardboard and becomes part of the substrate.

Georgia Ravitz
ravitz.georgia@arentfox.com
202.857.8939

James R. Ravitz
ravitz.james@arentfox.com
202.857.8903

Scott A. Cohn
cohn.scott@arentfox.com
212.484.3984

Robert G. Edwards
edwards.robert@arentfox.com
202.857.6346

Joe Keeley
keeley.joe@arentfox.com
202.857.6280

Amy S. Colvin
colvin.amy@arentfox.com
202.857.6338