The Consumer Product Safety Commission (CPSC) is seeking comments and other information regarding implementation of Section 103 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Tracking Labels for Children’s Products). Section 103 of the CPSIA requires, to the extent practicable, manufacturers to place permanent, distinguishing marks on any consumer product primarily intended for children twelve and younger (e.g., children’s toys, clothing, shoes) and on its packaging beginning August 14, 2009. The permanent mark must enable the manufacturer and consumer to ascertain certain minimum information, including the source of the product (e.g., manufacturer or private labeler), location and date of production, and cohort information, such as batch, run number, or other identifying characteristic. CPSC also has the authority to require a similar mark to appear on any consumer product (not just those intended for children).

The Commission intends to implement a uniform tracking label approach in close consultation with other national and regional jurisdictions. In an effort to develop such a system, CPSC staff has requested comments on a variety of issues, including the following:

• The conditions and circumstances that should be considered in determining whether it is “practicable” to have tracking labels on children’s products and the extent to which different factors apply to including labels on packaging;

• Whether requiring labeling in accordance with or without standardized nomenclature, appearance, and arrangement of information would impact (i) the ability of manufacturers and private labelers to ascertain the production information, and (ii) the ability of consumers to identify recalled items;

• How, and to what extent, the tracking information should appear in English or other languages, or whether presentation should be without the use of language, such as through an alpha-numeric code with a reference key available to the public;

• The amount of lead time needed to comply with marking requirements if the format is prescribed; and

• Whether successful models for adequate tracking labels already exist in other jurisdictions.

Please contact any of the individuals below if you would like to discuss the preparation of comments to CPSC on your behalf or if you have any questions regarding the CPSIA in general.

Related document:

• Tracking Labels for ChildrenTracking Labels for Children’’s Products Under Section 103 of the Consumer Product Safety Improvement Act; Notice of Inquiry, Request for Comments and Information

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, PhD
edwards.robert@arentfox.com
202.857.6346

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