On August 14, 2008, President George W. Bush signed into law HR 4040, the Consumer Product Safety Improvement Act of 2008 (the Act). This sweeping legislation overhauls product safety regulation in the United States and significantly impacts the manufacture and distribution of consumer products, especially products marketed to children. For example, the Act establishes strict limits on the amount of lead that will be permitted in children’s products. Specifically, beginning February 10, 2009, the amount of lead in any part of a children’s product cannot exceed 600 parts per million (600 ppm). 1 The permitted lead content of any part of a children’s product further decreases to 300 ppm beginning August 14, 2009 and, if technologically feasible, to 100 ppm beginning August 14, 2011.  In addition, beginning August 14, 2009, the Act will lower the limit of lead content in dried paints and other surface coatings from the current limit of 600 ppm to 90 ppm. The Act directs Consumer Product Safety Commission (CPSC) to review periodically and further reduce these limits, if feasible to achieve, no less frequently than every five years.

At this time, the stringent lead limits apply to electronic devices marketed to children.  Thus, beginning February 10, 2009, the amount of lead in any part of a children’s electronic product cannot exceed 600 ppm. CPSC, however, currently is seeking information from interested stakeholders to determine whether certain electronic devices should be exempt from these limits. For example, the Agency is seeking information on whether it is technologically feasible to achieve, in all parts of children’s electronic products, the 600 ppm lead limit, the 300 ppm limit, and the 100 ppm limit. All comments regarding electronic devices must be submitted to CPSC by October 31, 2008. 

Arent Fox strongly recommends that companies marketing electronic products to children consider submitting comments to CPSC regarding this issue as any proposed rule could have a significant impact on the future development of these products. CPSC’s request for comments may be found here.

Arent Fox’s consumer product safety team specializes in CPSC issues and has significant experience drafting comments to proposed federal rules impacting consumer products. If you have any questions about CPSC’s request for comments, or would like an Arent Fox attorney to assist you in providing comments to CPSC on its request, please contact the following practitioners:

Georgia Ravitz
ravitz.georgia@arentfox.com
202.857.8939

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

“Children’s product” is defined as any consumer product designed or intended primarily for children 12 years of age or younger.