Not suitable for children - is it enough?

[Former_Member]

I have recently noticed that some people think that my items are also good for chldren due the the cute factor. However I intend all of my products for adults, especially female customers.

Now I have put into my annoucement and profile that none of my items are suitable for children - is that enough or do I still have to consider some other steps?

[LaurieRyan]

Probable not, if it looks like a child would want it then it would probable end up in a childs hand. and disclaimers are not going to help you at all

[Former_Member]

What else could I do then if the dislaimer would not help?

[Former_Member]

As far as I know, a disclaimer such as "Not suitable for children under 12 years of age" is ok...You are not intending your items to be used, now are you marketing them towards kids, so you do not need to be compliant. After the product leaves your hands it's up to the consumer whether or not they are going to let a child play with/use your products.

[Former_Member]

Unfortunately the way the law is written is that if it APPEALS to a child then it IS a child's product...that is what is so frustrating about it!

Disclaimers wont protect you but you are not using tags that include kids and you are not marketing to kids. I would still put a disclaimer in your shop announcement and include a small parts/choking hazard when applicable.

[HappyCosmos]

I did this too, hm I guess it isn't enough.

[Former_Member]

I would put it in the listing too... many people never look in announcement and I doubt anyone would look in profile. I would though put it in your policies in addition to the listings

[Former_Member]

I have put on my front page and in my policies that kids should be monitored wearing my clips if they are under 3 and that they should be removed from kids who are sleeping where possible. I trust my products with my own little one (who eats them, picks at them etc etc) but I still have a disclaimer just in case.

[FayeMaloneDesigns]

I continue to ask, when people site "if it appeals to children" where they are seeing this in the law. This is really what can be called an urban myth. Prove to me IN THE LAW that it says this. It does say, "what is commonly believed or thought of as an a children's product", Like a doll. But lets face it, EVERYTHING appeals to a child, at one time or another, or one child or another. So a pot or a pan could be called a child's product, or your VCR or TV remote, or your cell phone. Don't they ALL APPEAL to a child? Or your earings, or dirty diapers, I could go on, but it is ludicrous.

[Former_Member]

ElliesPrettyThings
ElliesPrettyThings says:
I have put on my front page and in my policies that kids should be monitored wearing my clips if they are under 3 and that they should be removed from kids who are sleeping where possible. I trust my products with my own little one (who eats them, picks at them etc etc) but I still have a disclaimer just in case.
-------------------
telling people to monitor their children is not the same as being compliant... you are either making something for children and are compliant with the laws that pertain to the various ages or you are not... in which case you must make sure that people know the product is not a product made for children.

You can not make a product that you know is not legal to make for children (ie small parts choking hazard or lead) and then market it to children and then just tell people to "be careful".... this will not protect you...if you are making for and marketing to children it is necessary to comply.

Also those wacky "the buyer will not hold the seller responsible yada, yada, yada" ones will do nothing for you...if you made it for a kid, in a kid size and you are telling people it is a choking hazard LOL guess what? not going to fly :(

[Former_Member]

FayeMaloneDesigns says:
I continue to ask, when people site "if it appeals to children" where they are seeing this in the law. This is really what can be called an urban myth. Prove to me IN THE LAW that it says this. It does say, "what is commonly believed or thought of as an a children's product",
------------------
I heard it in Etsy virtual labs from the CPSIA representative who gave a talk a month or two back... it is also on their website... I will look for the link tomorrow... gotta get the kiddos to bed...it was oddly worded though I must say :(

[Former_Member]

Oh found the link faster than I thought LOL:

http://www.cpsc.gov/about/cpsia/faq/faqs.html

basically what the gentleman from CPSIA said in virtual labs was if you look at bullet point #3 on the link "Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger."

This would supersede #1 " A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable."

This actually makes sense... for instance if you saw a bracelet made in infant size with the title "infant/baby bracelet" and similar tags with swarovski crystal and small parts choking hazard the maker can't then put a disclaimer saying "not for use by children" Hello it's titled "baby bracelet" lol

Similarly you can't just say "yeah I know it is a choking hazard but I am not going to be held responsible"... if you are knowingly making something with small parts for small children under the law you are culpable :(

[FayeMaloneDesigns]

Correct! Now this is a far cry from "appeals to children". Grandpa's pipe may "appeal" to some children, as does the trash basket.

[Former_Member]

Faye that's what I mean my odd word... my kid likes bugs LOL
BUT what I took away from my session in virtual labs with the CPSIA rep was that if you clearly have made it for a child (ie in the size that would fit a child) or have tagged and labeled it for a child. Or have marketed it as for a child then you are trying to sell to children and you need to comply.

Where it gets a bit dicey is if something might be mistaken for a child's item... I think you have to make the labeling on these crystal clear... that's why I said put in the actual listing description "not intended for a child" if it is truly not intended for a child. ... if you are really worried it might be mistaken, labeling the product might be necessary too :(

[Former_Member]

lol my=by

[Former_Member]

Thanks Everyone, I think that I put it into my listings too.

Eva

[Former_Member]

Ok, so I want to make sure I am understanding this correctly...

I make hair accessories (which are intended for adults).
Some are bright colors, which may lead someone to think they are for a child. So, all I have to do is put, "Small parts, not intended for children" in my listing and on packaging and I should be good to go, right?

What is done with the product after sale is not my issue, right? I mean, if I warn them twice, if someone intentionally disobeys the disclaimer, then that'a not my problem.

[Former_Member]

BellaPrinci,
Pretty much right, as long as you do not contradict the warning by using pictures, words, or tags in your listings that might make someone assume that the product was OK for a child as well.

You may want to consider a slightly stronger worded warning as well, if you are not planning on getting the test results or GCCs to show that all of the components used in your hair accessories are CPSIA compliant. Many of the components that I use for my jewelry state this on the packaging "THIS IS NOT A TOY. Not intended for use by or on products for children 14 & under." to cover the supplier's backside about the CPSIA but also the EU standards for children's products. So look to see if any of your supplies or the catalogs/websites that you order from have a similar warning and slightly reword that toughest one to apply to your finished products.

[Former_Member]

Ok. Thanks for the clarification. I make sure to tag all my products with "women" and not "kids" or any words child related. Also, products are photographed against a plain background, not on anyone.

I get most of my supplies from the Ribbon Carnival (Some ribbon from Hobby Lobby and JoAnns), and they have all CPSIA approved products. I assume that means the ribbon too(??).

So would this be a better warning, "WARNING: SMALL PARTS! THIS IS NOT A TOY! Not intended for use by children"

[StitchyImpressions]

See that's what I'm wondering on too. I have this item: http://www.etsy.com/listing/49095339/little-spool-girl-leslie-free-shipping which i am not marketing to children and the parts packages all state that they are not a toy, but it does fall into if a child would like it. This is all ridiculously confusing. I'm all for protecting children, but it needs to be much more clearly defined. Like Faye keeps pointing out - everything appeals to children.

My label on it says "This is not a toy. For decorative use only. Not for persons under the age of 14."

[Former_Member]

Plain and dyed ribbon are exempt under the CPSIA, but not ribbon with screen printing, metalic looking threads, or wire edged. Beads, brads, barrettes, strechies, and hair clips are considered to be general use products and under the CPSIA need not be compliant unless marketed as a child appropriate product.

So as long as your not marketing the hair accessories as being for children and have a defined age in your warning / disclaimer, then your items should be considered a general use product. Per the CPSC a general use item is something that is used by or marketed towards more adults (meaning persons 13 and up) than children. Other than items that contain paint or similar surface coatings the CPSIA has no authority to require compliancy of a finished product that is primarily for adult use.

If for your own piece of mind you want to use CPSIA compliant materials for your product you can. Remember though retailers are not bound under the law to prove compliancy to anyone but the government and very often do not have the GCC or COC paperwork at the actual store level. Also the CPSIA does not approve of any specific product either it's been tested to show compliancy, falls under the exempted items list, or considered the product stands on it's own as general use item. If you want to prove compliancy for your finished products you will need on file at your place of business (home or studio) the actual paperwork for each non-exempt component that shows what the lead is in PPM, which lab did the testing, and if needed because of the age group for the finished product the phthalate levels in PPM. As of right now packaging or product toppers that say they conform to the standards of the CPSIA or the one or another ASTM standard do not count as records of compliancy. You can usually get the correct paperwork from either the manufacturer of the supply, the retailer's main headquarters, or have the testing done yourself, but many of the contacts at these places will required you to prove you are a license business or charity.

[GardenofDaisies]

ElliesPrettyThings says:
"I have put on my front page and in my policies that kids should be monitored wearing my clips if they are under 3 and that they should be removed from kids who are sleeping where possible. I trust my products with my own little one (who eats them, picks at them etc etc) but I still have a disclaimer just in case."
---------------------
Although this is a helpful tidbit of info to offer to your buyers but this has nothing to do with being CPSIA compliant, which is absolutely your legal responsibility if you're selling children's products.

[Former_Member]

BellaPrinci

You have the tag "gossip girl" on some of your items... it might give you trouble in that someone may see that girl part and think you are marking to girls... also they way etsy search should up it can and will show up if someone searches girl and hair ribbon... since girl and gossip are separate words

not sure what 'gossip girl' means but if it is not key to your item I would ditch it from all your tags :)

[Former_Member]

That spool doll looks to me like a doll meant for children. I would worry that it would fll under the description of somethi8ng commonly considered to be meant for a child leess thn 12.

[LeafandYard]

Kristina2525 says:
That spool doll looks to me like a doll meant for children. I would worry that it would fll under the description of somethi8ng commonly considered to be meant for a child leess thn 12.
-----------

I don't know. It looks like a decorative piece to me. I'd worry it would fall apart in a child's hands. The way the bottom is flat says to me it was made for sitting, not posing and manipulating like a child would. While dolls tend to be out of luck simply because they are dolls, I wouldn't call this one a child's doll.


And this is why we have so much issue with this law! Of these two opinions, which is the common one and who says so?