Grown-up items purchased for children??

[Former_Member]

I am sure this has been covered, but I didn't get an answer when I searched.

Obviously, you have to comply when the items are marketed for kids. My headbands are not listed for children. I'm adding photos of my headbands taken on a grown-up.

My headbands fit girls. I was at a craft show and a Mom asked if her daughter could try it on.

What is the rule about this...an item attended for children when the seller knows a child will be using it??

[Former_Member]

oops!!!!! i meant an item intended for ADULTS but a CHILD will be using it.

[Former_Member]

Thats a god question I wondered the same thing. I make blanket for kids as well as aduldts and use batting in them too. Not only that I make a lot of different items like purses and diaper bags. All these regulations are confusing and reading through all the things I wonder how many crafters will follow up and read up on this, I also wonder how is the government is going to really regulate this?

[Former_Member]

Confusing, I know.

What about word of mouth advertising? Someone buys the headband, gives it a girl, and then someone asks about it for their child. Then, it is being advertised for children.

Nit picky, I know. But, where does it end??

[Former_Member]

I believe that the test is the item looks like it is make for Children -- not whether you market it to children or whether you stated that it is not for children. If it looks like and appeals to children, then it is for children.

This makes for very confusing law. Something that I would certainly not give a child, some people would give a child.

[Former_Member]

I know the craft shows here have a lot of kids items in them bracelets,head bands,baby blankets,hats ect to many to list. I have not talked to anyone that has worked a show before Christmas but I do know the shows will be starting up again as soon as the weather breaks. A lot of people that do the craft shows also sell on line so i know they must know about the laws

[LeafandYard]

It kind of depends. However, as the law is written, if the item can be considered general use for people of all ages, then it is not a children's item and not subjected to the law. If you photograph them on adults and tag them in adult categories, but people put them on their child anyway, that's not a child's item.

But, as LILGIRLCA stated, if the item looks like it's for children, that's enough to be considered for children under the law (that's actually the problem I'm having, I don't make my Gnomes for kids, but they look like they could be). If your headbands are clearly appealing to adults too, you might be safe.

[Former_Member]

If an item is commonly held in public opinion or by a government recognised industry standard to be more for an adult than a child and is not marketed or described as for chidren by the designer or seller then it does not need to follow the CPSIA testing and tracking laws. It would have to follow any other governmental regulations or laws that concern the particular product. One big point of confusing is where you have items that have no true industry standard in place to distinguish between an adult and child's version if the item so the government says to consult their age determination guideline http://www.cpsc.gov/BUSINFO/adg.pdf to see if they if it fits the government's parameters of a child's product. Just like with the CPSIA the guide is so broadly written that a vast selection of everyday items could fall into the government's definition of a child's product.
The one example the CPSIA is fond of using is where they state a pen is a general use item unless there is something about the pen that would make it more for a child. What they never seem to state is what the something is, they could mean something as simple as the pen has a popular kid's character printed on the barrel or something as complex as a engineered design to make the pen more easily handled by a child than an adult, but since they never clarify there statement it leaves people to wonder what it all means.

[Former_Member]

Another question I make and sell a lot of pillows for kids and aduldts. I was in walmart and they have a new stuffing for pillows that is very soft and light. almost like the stuffed animals. I do buy the stufing from Walmart and othe stores too I have ont found them on the list. If I sell hem on line will I need to label them? Or get a certificate? Just wondering.

[Former_Member]

If you make and market items for children then everything that you use needs to either be on the exempt list or you need actual test results for EACH item you use. Also, everything you make and market for children needs the CPSIA labels and the FTC labels (if FTC labels apply for that particular item.) It doesn't matter where you purchase your supplies: Walmart, Joanns, online or directly from the manufaturer....everything needs to either be in the exemption list OR you will need test results from the manufacturer. So, if you buy ribbon from Walmart it either needs to be ribbon that is exempt (solid color) or you will need to contact the manufacturere of that ribbon and get test results....OR you can send your ribbon (or whatever supplies you are using) and have them tested by an approved testing facility (there is a list on the CPSIA website of approved labs).

Keep in mind that it is usually about $100 per ITEM tested so if you need to test the supplies used to make a hair clip it will cost you about $300 if you test the clip, the glue and the ribbon.

There is another thread in this forum that lists many companies/manufacturers that have already tested their products and they will provide you with test results....

[Former_Member]

I would assume that it is not your problem, perhaps they will send the Mother to jail? LOL

[Former_Member]

lindaandcompany says:
Another question I make and sell a lot of pillows for kids and aduldts. I was in walmart and they have a new stuffing for pillows that is very soft and light. almost like the stuffed animals. I do buy the stufing from Walmart and othe stores too I have ont found them on the list. If I sell hem on line will I need to label them? Or get a certificate? Just wondering.
.........

If you're making the actual pillow, it needs to have a permanent Law Label whether it's for kids or not. We used to make them where I work- every state in the US has it's own requirements, and most require that you pay a fee (up to $300) for certification. (Manufacturers need to be certified in every state they ship pillows to.)

If you sell a pillow COVER, such as to fit a standard size pillow form, no such rule. (But if it's for kids- then, CPSIA rules still apply.)

[Former_Member]

I am assuming I am covered, because no where do I say my headbands are intended for children. I am going to start selling girl's skirts, but those are in a different sections (stating FOR children) and they will be photographed on children.

The headbands are going to photographed on adults. I will probably put "woman's" in the description to be clear.

Anickas, haha that is funny.

[Former_Member]

I make appliques for scrapbooking mainly but they could be attatched to childrens clothing so does that mean they have to be tested???
I have gradually let all my toys expire and only have a couple of childrens hats left, guess I will have to delete these by february and just sell in Australia, or can I state on my site not available for purchase in usa.?

[Former_Member]

No answer???
This is totally confusing me, the more I read, the more links I click the more confused I become. Its starting to look easier to simply close the shop down and give up.

[Former_Member]

This is a VERY interesting thread. I, too, have had people buy my items and casually mention that they are going to give them to children, though I make clear that my items are not intended for anyone under 13 and I provide a statement (quoted from Oilcloth International) about the CPSIA non-compliance of oilcloth due to high levels of phthalates.

I'm not sure what exactly I'm supposed to do. I can make customers aware of the regulations, but I can't exactly enforce them. Is that enough?

[Former_Member]

Do I have to have every single scrabble tile pendant I make tested or just one since the image is the only thing that would be different on each pendant? I don't market to children under 12 but I can see how my pendants would be appealing to children.

[MyRosabella]

Common sense would dictate that you have no responsibility for what a customer does with an item after they've purchased it ... but I don't know enough about the law to know if there's any common sense in there. :)

[Former_Member]

I agree this is a very interesting thread.

I have been making bracelets for adults not children and have put disclaimers on each listing as not for children under 13.

I am wondering if that covers me? This is all very confusing to me.

My Mom was going to start making American Girl doll clothes, but has reconsidered since learning about the required testing.

[Lynnique]

boltandbuttonstudio - what if you simply put somewhere on your site that your items are not intended for children? i dont know if that would in anyway cover you but at least you're stating it somewhere in your policies.

[Former_Member]

I'm confused. Why do you care who ends up using your product? Shouldn't it just matter to you that you sold your item? I mean sure, you market to adults, but who cares if a kid ends up using it? Am I missing something here?

[Former_Member]

DesertRosePhotos says:
I'm confused. Why do you care who ends up using your product? Shouldn't it just matter to you that you sold your item? I mean sure, you market to adults, but who cares if a kid ends up using it? Am I missing something here?
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Yeah...that there are some stupid laws now because of some REALLY stupid countries that want to make toys and everything else with LEAD in it

So now WE ( everyone else) has to pay for their stupidity and YES it DOES MATTER that kids will get it !!

THAT is if YOU care about what could happen to kids