Confused about "not a toy" disclaimer

[EvaGiftedHands]

Hi there!

I am a bit confused, cause I saw a potentially dangerous creature, which became famous, because of few geeky bloggers (Thanks for their help in promoting, but whoa! I didn`t expect, that they would call it "nursery decoration"! )

I am talking about my Cthulu monster :

https://www.etsy.com/uk/listing/155564069/gigantic-cthulu-green-steampunk-monster

16,190 views in 7 days and many convos (Why is it prohibited for kids under 5)

while sewing I thought about older kids and adults.
But I made a photo of it with my only child (1 year old then) to show the scale.
She has never actually played with it on her own, just durning photo session - and she was under mine control.

Could you please look at my listing description and give me a piece of advice
(I am Polish, and my english shills are good, but I am not sure if enough, and I don`t know American law..)
Is my listing description good, safe for me (I don`t wonna go to the jail because of stupid parent) and legal ?

Thanks for your help,
Ewa

[Former_Member]

Ewa, first off, WOWZERS!! Amazing piece! :)

Yes, your description is good- clarifying that this item is not a toy, and not meant for children under 5 due to weight. The key issue here in the US is it being view or used as a child's item. I understand that the crib (and toddler) were photo props only. Unfortunately, it demonstrates a use that your DON'T want consumers to follow. Does that make sense? If it is not a child's item (and you want to avoid the testing & labeling required) you need to do everything you can to show it being use for non-child purposes. ("climbing" up a bookcase or the back of a sofa, for example).

In the US, the regulations err on the side of safety. As a producer, you have to be very very VERY clear, in your marketing that this item was designed & produced & sold to be a home décor item ONLY- and should not be used by children.

[EvaGiftedHands]

Thank you!
Ok.
So I will change the photos ..
But If it is ok if there would be no toddler ?
Is a bed still ok ? (It is really hard to capture it at all!)

[Former_Member]

A bed is fine- I would just make sure it's an adult's bed. :)

[EvaGiftedHands]

Hmm.. the problem is..
I am Polish but I am living in UK, and the Cthulu is in Poland with my parents (they have big house, so it is our.. hmm "storage"..)
And I cannot take other photos now.. I just can use what I have on my computer.. ( just few 2 or 3 good without a toddler`s bed..) it was the brightest room in whole house..

[FayeMaloneDesigns]

Ewa, I agree with April, remove the pictures 1, 3, and 5 that show the crib and the baby. Only use the two without the props. Take out the references to the baby and crib not being included in the sale. Put the measurements of how big it is. especially until you can take other pictures. If you've had
16,190 views in 7 days and many convos (Why is it prohibited for kids under 5), you definately have a problem that you have to fix right away.

[EvaGiftedHands]

Ok. Now it is fixed, and everything works ok, nobody asks ;)
Thank you all for your help! You are lovely, helpfull people!
Happy sales!

Ewa