Former_Member
Not applicable

Do I need to worry?

I just read a post that said that "cute" stuff, marketed to adults may fall under the CPSIA requirements. Anyone feel like taking a look at my site and telling me if they think I need to start delving into the CPSIA stuff? I would love you forever...
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Former_Member
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Re: Do I need to worry?

I don't even know what that is;) most people probably don't, so I wouldn't worry about it that much.
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Former_Member
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Re: Do I need to worry?

Thanks for replying. I'll love you forever, but I still need to follow the law! I'm off to do more research.
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Former_Member
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Re: Do I need to worry?

I have the same concern, Katydiddy.
I just sold my last "cute" zipper pouch made from vintage juvenile print fabric, and I'm holding off on making more until I can decifer this crazy law.

I also have a whole section on the website for just vintage juvenile fabrics. I have no idea where they fall into all of this. :(
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MamaFamilias
Inspiration Seeker

Re: Do I need to worry?

I would use your past sales as a guide if possible. Do you know whether your customer's purchased for children?

Your products strike me a decor not toys, and as such I wouldn't give them to a child to play with. However, that's based on my experience with 3 boys. Tamer households might view things differently;)
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Re: Do I need to worry?

katydiddy

Your home decor items should be alright some of your gift tags may cause a problem . The only thing I see for sure that would fall under the CPSIA are your macaroons. However, I fond the law just as confusing as everyone else so that is just my opinion.
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Former_Member
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Re: Do I need to worry?

CPSC has said that it will consider intention of the item directed toward children and appeal to children. If you are not using juvenile fabrics or themes and marketing your items to adults then CPSIA "SHOULD" not apply - big emphasis on should as know one really knows who and what they will go after.

Looking at your items you should be ok as it really does not look like it is intended for or would appeal to children - (that is a good thing).
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ballyhoocreates
Inspiration Seeker

Re: Do I need to worry?

Can't you state in your listing that your products are intended for adults and not children?

Artist dolls and bears have been doing this for ages since they are typically not child safe. I thought CPSIA still allowed for that as long as the item is marketed and tagged as "not for children" or something like that. Has that changed?
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Former_Member
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Re: Do I need to worry?

Just put in your tags Man or Women to make sure that it's for adult only!
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Re: Do I need to worry?

From what I have read from previous posts, stating that an item is "intended" for adults only doesn't exempt you. I think it is if it "appeals" to someone age 12 or under.
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Re: Do I need to worry?

From the official website small business guide (http://www.cpsc.gov/about/cpsia/smbus/sbguide.pdf):

"Question 3: What is a children's product?
A children’s product is one designed or intended primarily for children 12 years of age or younger. Toys, clothes,
furniture, books, jewelry, blankets, games, CDs/DVDs, strollers, and footwear may all be considered children’s
products.
In determining whether a consumer product is “intended primarily” for a child 12 years of age or younger, the
following factors will be considered:
• A statement by the manufacturer about the intended use of the product, including a label on the
product, if such statement is reasonable.
• Whether the product is represented in its packaging, display, promotion or advertising as appropriate
for use by children 12 years of age or younger.
• Whether the product is commonly recognized by consumers as being intended for use by a child 12
years of age or younger.
• The Age Determination Guidelines issued by Commission staff.
If a product is intended for adults or for general use by consumers of all ages, then it is not intended primarily for children. Products marketed and priced in a manner that would not make them appropriate for use by a child would also not be intended primarily for children. An example would be an expensive telescope ‐‐ because it is sold for general use by all ages, it is not a children’s product even though it can be used by a child on occasion."

Hope that helps! I think you are okay, looking at your site.
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Re: Do I need to worry?

Thanks Wee! That is helpful for me too. Apparently, I have been misinformed previously. It's hard to decipher here what is and what isn't!
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Former_Member
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Re: Do I need to worry?

I had read for those who make dolls and bears that just stating that the item is not intended for children is not enough - I could put that on my labels and it wouldn't help me at all as they are clearly appealing to children, I market them as "for children", and most (but not all) of them are sold as gifts for children. But there are a lot of art dolls out there that are just as clearly NOT made for children, and therefor there is a lot of gray area.

I agree that if your sales are not from marketing them as children's products or bought as gifts for children (at least to your knowledge) then you should be fine, and should be able to defend yourself if you ever need to.

However, these laws do need to be amended if the rest of us aren't going to be put out of business!
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Former_Member
Not applicable

Re: Do I need to worry?

So I would have to put a label on my snack bags saying its not a child's product? Its a product used by everyone I know....ugh.
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Re: Do I need to worry?

Very helpful Wee!
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Re: Do I need to worry?

WeeEssentials is wise :-).

There are lots of great links and resources on the CPSC website itself. There is also lots of misinformation floating around on these boards (and, unfortunately, some of it is the panic-inducing variety). When in doubt, go to the source!
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Re: Do I need to worry?

15PiecesofFlair said:
Thanks Wee! That is helpful for me too. Apparently, I have been misinformed previously. It's hard to decipher here what is and what isn't!
__________

Well, I've been corrected on this - the small business guide put out by the CPSC is full of things that haven't been put into the law yet. I don't know about the items I quoted, but turns out that "dyed and undyed fabrics" are exempt from testing right now, but at this point will not be exempt on Feb 10. They are promising to vote to exempt textiles in general, but it hasn't happened yet.

That may have been confusing, sorry. Basically, the CSPC wrote things in the document I quoted that are intended to be written into the law, but have not been yet. Does that make sense? LOL, sorry.
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Re: Do I need to worry?

15PiecesofFlair said:
Thanks Wee! That is helpful for me too. Apparently, I have been misinformed previously. It's hard to decipher here what is and what isn't!
__________

Well, what you said before is what it sounds like unless you read the document above, which is about the clearest thing I've read from the CSPC (I can actually understand most of it, in other words!) But if it was about "appealing" to children - boy, the toy makers would be fine and the ones who would have to worry are the ones that make things like knives, scissors, and electrical outlets! (At least with my children, LOL)
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Re: Do I need to worry?

BirdysBoutique said:
So I would have to put a label on my snack bags saying its not a child's product? Its a product used by everyone I know....ugh.
__________

I don't think you do. It's a general use product, so they wouldn't fall under the law at all. I've looked at your shop (very cute!) and I don't think anyone could argue they are intended as a children's product, so you shouldn't have to comply with any part of the CSPIA. :) Someone else mentioned it on your post, but your bibs and crayon rolls would have to be labeled, since they are children's products.

Okay, I'll stop posting. :P
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Re: Do I need to worry?

I can't imagine why anyone would buy your items for a child as they really are not for children cute shop BTW
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Re: Do I need to worry?

>WeeEssentials says:
But if it was about "appealing" to children - boy, the toy makers would be fine and the ones who would have to worry are the ones that make things like knives, scissors, and electrical outlets! (At least with my children, LOL).

Exactly! Same is true here. And I don't know where the information came from that "anything that appeals to children needs to be tested" (or any variation of the "appeals to" claim). That's not what the act or law or stay say. They pretty clearly outline in the post at the top of this page, as well as on their website, what determines if a product meant for children. Besides which, I think this law will change drastically before all is said and done.
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Re: Do I need to worry?

cell phones would appeal to children of all ages but that doesn't mean we should allow them to have them right?
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Former_Member
Not applicable

Re: Do I need to worry?

Even "cute stuff for adults" can be subject to this stupid law?

I'm moving to Switzerland or something.
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