Am I affected?

[Former_Member]

I've been dodging this forever until a whole slew of my supplies came in and I'm getting ready to glaze new tiles, I thought, "Dang, what if I'd have to pull these guys off and close up shop?"

I don't know too much about CPSIA, I've tried to read as much as I can but when you look at my necklaces, do they scream "Kids 12 and under?"

I've only ever had 2 people say they bought for a niece.

*sigh*

I really like this shop to have to close down :(

[Former_Member]

I do not think they scream 12 and under, but your name does..

[Former_Member]

he he he kinda cute name u have..love ur pendants..so cool..

[Former_Member]

I agree with EartheyElegant - your items could be for any age but from looking at your name I assumed you sold children's items.

[Former_Member]

gah... i know!!!!

i thought ok maybe not my necklaces so much but my store name attacts kiddies :P it's named after me and my 3 little boys (chipmunks)

[TheTinyFig]

Chipmunks, We can still sell internationally and within Canada. Just not to the US.

[Former_Member]

EarthyElegantJewelry says:
I do not think they scream 12 and under, but your name does..
_________________

ditto

[Former_Member]

Hey Fig,

That totally sucks, my clientele is about 90% US based :(

[TheTinyFig]

me too.

[Former_Member]

I think you are safe. Just stay away from the cutesy stuff. Oh, and post a "12 and over" disclaimer on your front page.

[Former_Member]

TY everyone! I'll try not to get too cutesy :P

[TheTinyFig]

Actually, putting up a disclaimer doesn't protect you legally.. the only thing it will help with is intent.

[birdylegs]

And the disclaimer would have to say 13 and over. The law affects items for kids 12 and younger.

[Former_Member]

Ya know, this whole "Does it appeal to children" thing? Is that seriously the standard? Because we've all heard stories about the three year old who apparently found a gun appealing, and we've all heard the stories of children who found the pretty little pills appealing, we've all known children (or been children) that like things that are clearly not for children. I have young neices who made grabs for the jewelry I was wearing and hauled them away and stashed them in places, and I don't wear kid's jewelry. So if that's the issue then doesn't actually EVERYTHING appeal to children? Or is there an actual standard?

If there is an actual standard I sure couldn't find it in that gobbledy gook law. Reading that thing made me feel like I'd suddenly gotten either high or really really stupid...

[Former_Member]

This is from Section 3 of this link

http://www.cpsc.gov/businfo/cpsa.pdf

It's the definition of a childrens product. So really it is if it was intended primarily for that age.


(2) CHILDREN’S PRODUCT.--The term “children's product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:
(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.

[thedreamygiraffe]

thewhimsytrove said:

If there is an actual standard I sure couldn't find it in that gobbledy gook law. Reading that thing made me feel like I'd suddenly gotten either high or really really stupid...
__________

Hi, whimsytrove -- here's the actual standard, direct from the CPSC:

The definition of a children’s product is provided below and this information was taken from the link below it.

(2) CHILDREN’S PRODUCT.--The term “children's product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:

(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.

(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.

(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.

[thedreamygiraffe]

Mim beat me to it!

[Former_Member]

The whole thing is crazy!! MyLittleChipmunk and TinyFig to me both your stores scream over 13!!! So I wouldn't see why either has a problem BUT it depends who they think you intended it for!! : (

[Former_Member]

We posted the exact same thing : )

[Former_Member]

I think it's the (D) of that write-up that may contain the secret code...

;)

Thanks guys. But wouldn't this imply that a disclaimer therefore actually WILL help, and then it's all packaging and the overall tone of the shop? It's pretty clear, at least I think, that The Trove is not a kid's shop. But it does seem a little bit subjective still.

[Former_Member]

I don't know. But I do know I have seen a number of people say they aren't going to change anything except put the disclaimer on. Like if I did that (you would have to look in my sold since I don't have anything listed) obviously that isn't going to save me. I see alot of hair accessory shops that are geared towards and have always been geared towards teens and up. I would think they would be ok to keep selling BUT I am not the person that would fine them!!

[Former_Member]

We put disclaimers on the art dolls, because dolls of course are often seen as toys, even when they aren't. We always did put disclaimers on them, and list what they're made from, etc. Anyway, the civil disobedience thread has a good point. They can't get us all!

Bwa-ha-ha-ha-haaaa! Let's have a march on Washington! All fifty of us!

[Former_Member]

yup that whole "assumtion" thing just because something "looks" like it's for kids when it's not.

That is what is crazy........just cause someone may perssive our products are for kids when they are not.

I did put one up in my shop because I want people to KNOW that I DON'T make items targeted at kids especially under 12 even though 12 year olds are already in middle school by the time they are 11 so that age is really somewhat exaggerating.

The law should say kids under 10 or 11 IMO.