About libraries, here's what the ALA (American Library Association) has to say: "Since the General Counsel’s opinion is retroactive, all books currently on library or store shelves must be removed for testing, including textbooks and children’s literature books in academic library research collections."
http://www.wo.ala.org/districtdispatch/?p=1322Also, the LAW defines a children's item basically as an item that most people would say is for children. Further, Cheryl Falvey (GC for CPSP), in talking about books, said that books that would be appropriate for both children and adults would NOT fall under the law, because they are not intended primarily for children. One could assume that this logic would apply to other items, as well.
But putting a disclaimer on an item "not intended for children 12 and under" would only work if, in fact, the item really IS NOT for children 12 and under, and if the average person would agree that it's not for children.