About store bought items . . . .

[Former_Member]

With all of the postings and concerns about CPSIA testing and (especially) labeling, I've been looking at items in major stores and haven't seen one item that says anything about it.

Does anyone know why large companies wouldn't have to label mass produced children's items? I've looked at small hair bows, clips, clothes with buttons and zippers. The only labeling I've seen is the usual "contains small parts, not for children under 3".

[HappyScrapzStudio]

I was wondering the same thing. The only place I saw a label that looked liked it was following the rules we've all been chating about was on a hang tag for Dritz buttons that were clearly marked for children. They were under the label Belle Buttons by Dritz. Don't know...

[Former_Member]

Because it is a well kept secret..unless you are on Etsy..

[FayeMaloneDesigns]

They are labeled. They have all the necessary tagging information in the coding on the labels in the back of the necks. And I'm sure they have all the neccessary testing information on record. They have to, to be able to get their merchandise past customs. Most of the big guys have their stuff tested overseas, where the stuff is made. It's cheaper for them. You can't put a label that says "CPSIA Compliant" It's against the law to do this.

The only warning label that is required is for small parts. And they are doing that. As anickascottage states, this is a well kept secret law. It is a stealth law, and I firmly believe it's to cripple small business.

[Former_Member]

Thanks everyone!

Faye. .
It really does seem that it is to hurt the small business. Why are the large companies able to label their items differently from crafters? From all of the postings I've read, crafters have to label the actual product with all kinds of information. It doesn't seem fair.

[Former_Member]

So sorry! Previously posted under the wrong thread but still the same idea. :o)

[Former_Member]

The items I've seen or purchased in stores have had and necessary info on the tags. Can you be more specific on what you found?

[FayeMaloneDesigns]

You may think that they don't have all the necessary information, but I'm sure they do.

1. they use their RN#. This has all the infor for the company on file with the gov. You can get one also, it's free, and can actually be ordered on line.

2. They will also have a "brand name" like route 66, or whatever.

3. All of the tracking label, batch, cohort information including dating are in number and letter code. We aren't running 40,000 of a whatsit at a time. They are, and therefore that is how they keep track of what is what. Be thankful you don't have to have such a complicated tracking system.

4. If you look at plastic toys, you may very well find this information actually in the mold that the item was made in, and may be on the bottom of the toy.

[Former_Member]

Faye, is it illegal to put in a listing, not on a tag, something along the lines of "this item has the proper labeling and is CPSIA compliant"?

[Former_Member]

That's weird that it would be illegal for a company to put "CPSIA Compliant" on their tag; I thought that was the whole point of CPSIA--for products to meet the new standards.

[FayeMaloneDesigns]

Well, that's the way the law was written for the end manufacturers. A supplier, like those that you buy clips, buttons, zips, etc, can tell you they have tested their supplies that you can buy, and you can use their testing results, but they don't really have to test anything, as they aren't marketing their supplies to children.

But, all of us end manufacturers are to be compliant. For a few to put CPSIA COMPLIANT implies that everyone else is not, which isn't true. God only knows what was in the heads of the commerce committee when they wrote this criptic law. They didn't ask but Mattel and the consumer freaks what to write. If you go back to the beginning of this law, the not advertising compliancy is the least weird of the law.

[Former_Member]

I have a statement like that on my listings....meaning that I keep track of where I buy supplies and put the proper date/tracking on it so I know where I got the supplies to make a specific item.

I wonder if I should take it off my listing??

[FayeMaloneDesigns]

Fluttermill, we all should be doing that as a good business practice. You need this information at the least to compute your costs, and to calulate accurate selling prices, and to complete your income taxes.

It appears that you are selling garments that all the elements are exempt. I didn't look at every item, so maybe some things have non exempt components. So what is the big deal? I think the majority of us on this forum, especially those that have been here for a while are doing the compliancy thing. Most people that are customers have no idea what you are talking about.

Do you also have the proper FTC labels attached and size labels? If you don't, you aren't there yet.

[FayeMaloneDesigns]

Probably the best thing you should do is visit an attorney familiar with this type of law, have him/her advise you.

[Former_Member]

Faye, thanks. Right now everything I sell is exempt, but in the future I would like to start using buttons if I can ever find any that are compliant or exempt that are reasonably priced, washable, no minimum order, etc.

I do have the proper labels on my items (FTC and CPSIA). That is one big tag!

I will probably just stop posting it on my new listings and eventually take the statement off, bc like you said most customers don't know what this is. I will probably just put a note in the Etc. section of my policies.

I don't have the money to see an attorney, but I will just do what I said above. Company websites do have CPSIA compliance info, which would be the equivalent of my putting it in my policies.

[Former_Member]

The rules are the same for big companies and for crafters. (I work for what most people here would call a big company even though its actually a small company owned by a big company.) Tags have to include a way to identify the maker, either by name or by RN#. We already had that in our © info. All we've had to add is a 6-digit code.
The first four numbers stand for the week and year of manufacture (to identify which production run it was part of), and the last two digits (letters, actually) identify the particular factory. The end-customer would never even notice it, or wouldn't understand what it meant if they did. (So just because you don't see "CPSIA!!!" in giant red letters, please don't assume that no one at that company knows what they're doing...)

It doesn't have to mean anything to the consumer, just to the CPSC in case they get complaints about the product or a voluntary recall notice.
(We also include material content as required by the FTC and any appropriate warning labels. Those are for consumer use.)



I don't know all the details about mentioning CPSIA on labels or packaging, but I would guess that it's similar to the FDA. Products (food, drugs, cosmetics, etc.) are required to comply with all applicable laws, but you aren't allowed to give the impression that the FDA has evaluated and/or approved the product. "CPSIA Compliant" could suggest that the CPSC has inspected the product and determined that it's compliant. That would be misleading. The very fact that the product is for sale means that it's required to be compliant, so saying so is unnecessary.

Another example- in order to label children's art supplies "Conforms to ASTM D4236" the formulation of the material has to be reviewed and approved by a board certified toxicologist; otherwise you can't say that it conforms even if it does.

[HappyScrapzStudio]

Thanks everyone, very helpful info. I have now noticed the info on items in the stores. I wasn't looking for it to actually say CPSIA compliant, I think it just wasn't set up quite the way I had pictured it in my mind.

[Former_Member]

I'm new to Etsy and am not aware of labeling requirements. What should I have read?

[Former_Member]

All clothing should have the FTC required labels

http://www.ftc.gov/bcp/edu/pubs/business/textile/bus50.shtm

That's pretty straight forward.

Then, for items intended for use by children under 12 (toys, clothes, etc.) have to follow the CPSIA guidelines...

You can download an easy to understand and helpful guide here http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html

There are exemptions such as natural materials, most fabrics, wood....they are listed in the book.

[FayeMaloneDesigns]

Do remember though that the exemptions are for the required testing. Nothing is exempt from the CPSIA labeling if the items is for children thru age 12 (until their 13th birthday) and under.