You may want to check out the discussions over on the CPSIA team - visit www.etsy.com/teams/6861/keeping-up-with-cpsia/discuss/
In general disclaimers and advisories won't work to avoid lead, phthalates, or small parts testing and the required permanent labeling if the federal government classifies the item as primarily a childs product, in other words a product used for, by, or on some one under 13 more often than by some one over that age. In fact disclaimers may lead the clerks at the CPSC that are starting to comb the web to better pin point untested children's products.