Plush Toys and CPSIA

[Former_Member]

Hello, I've had my etsy name for a while now, but I'm just getting ready to start up my shop.

My specialties are plush toys, hats and doll clothes. However, I do not intend any of them to be given to a child and most of them I have no way of testing/confirming CPSIA compliance. But if they are intended for adults, does that matter?

Most of my plush are meant to be owned by adult collectors, as many contain small parts and most are not made to stand up to rough play. Also, I only make hats in adult sizes, though they have a "cutesy" look to them. Finally, the only doll clothes I make are intended for collector dolls such as Blythe and BJDs, not children's dolls.

My question is, even though these are toys and childish-looking things, they are intended for adult collectors. How can I make sure that, cutesy and childish as they are, my products are not mistaken as children's toys or clothes? I'm not sure if just a "not intended for children" sort of tag would help.

Sorry for all of the text, I'm just more than a little worried about my products being misinterpreted as children's products.

Thank you for your time.

[Former_Member]

I think you are OK (for now) if the cute hats are in adult sizes... AND if the doll clothes are SHOWN on the EXPENSIVE COLLECTOR DOLLS and not say on a Mass produced $10 doll. Also looking at the price ranges of clothes for BJD, it doesn't look like the things are in the PRICE RANGE for people to be putting on Mass Produced dolls.

The part where it's a bit more unclear is the plush, apparently "Not intended for Children, small parts" may not be enough. I've got a teeny tiny possible, safety range in that 1)art plush tends to be somewhat spendier for something rather tiny 2)I sell MOSTLY at scifi conventions (adults purchasing from the Art Show for THEMSELVES) 3)when I surveyed who was actually buying my work, and who they were buying it FOR, it was MOSTLY adults buying for themselves, with an occasional teen or Pre-teen buying something FOR THEMSELVES. (when someone has earned the money MOWING LAWNS,or BABYSITTING IMHO that they bought a plushie for themselves should be a non-issue) All who answered the survey perceived item purchased as an ART toy.

[Former_Member]

Thank you so much trinlayk! I feel a lot more confident about my hats and doll clothes now! :)

I'm still a bit worried about my plushies, mine do look rather appealing for a child. I may try your method of surveying, perhaps at a craft fair.

Thank you so much for your reply!

[LeafandYard]

I've had a similar experience with my amigurumi as trinlayk. Most of my items are sold at the local Renaissance festival (often described as a theme park for adults): one performer bought two dozen Pirate Gnomes to give to other performers (she wants me to do a landsknecht Gnome this year). My customers said that launching my made-for-kids line further helped to show the distinction between a toy Gnome and a collectible Gnome (even then, they're still a little pricey for kids, but that's the best I can do).

Even so, you still need to be careful. Try to steer clear of words and tags that are usually associated with children (like "toy" and "doll"). A disclaimer is not enough, but there are things you can do to make it clear that you're not making your items with intent that they will be handled by children.

[Former_Member]

Here is a similar thread with some good ideas. Also some other folks in your same boat to connect with.

http://www.etsy.com/forums_thread.php?thread_id=6544452

It is not too far down now, but it might get lost, so I linked it.

[Former_Member]

Hats in adult sizes would not fall under the CPSIA, but do take a look at the FTC regulations concerning them. For many types of fibers used on hats no labeling is required but for anything that the government considers wool you would need care and content labeling.

For the Blythe and BJDs clothing, if at all possible try to avoid words that assocciate the product as being usable by a child under 13. Within the doll collectable world it may be hard to avoid such terms as "doll" itself which the general public sees as being a child's product. My husband is into collectable model cars and over the past 2 years he's watched that where the manufacturers, many retailers, and auctions are now using terms like realistically detailed assembled model or collector's miniature replica instead of diecast or collectable toy cars. Just like with doll collectables these "toy" sized cars, have small parts, high detail with accessories, and a price tag that would give many non-collectors sticker shock. In fact one of the larger expo's that he usually attends recently changed it's name from "toy train and model show" to "model railroad and collectables expo".

As trinlayk said the plush may be a problem. What does your designs have beyond just small parts that makes it just by looking at unsuitable for a child to play with. If someone was to just glance at the plush could the non-collector think "oh ,what an adorable toy" rather than "what a interesting collectable". Within a group I belong to there was a women that would take beat up My Little Pony toys from garage sales, flea markets, etc and completely enclose them in a new outer skin of patterned beads, swarovski crystals, and semi-precious stones, quite collectable just for the shear amount of work in my opinion. But if you were to see one of these blinged out My Little Ponies would you think of it the same as me or think like my mother did when she saw one as a toy for someone that overindulges their child. Again there is the need to avoid any terms in your description or tags that could invalidate any warnings or disclaimers by leading a non-collector to think the item could be for a child.

[Former_Member]

jewlery, I have a bit of insight on the doll thing, because I'm one of the Ball Jointed Doll fans. so using terms like "Ball jointed doll" or "bjd" or "blythe" (or "lati") rather than "doll" will help too. (type of doll, and make of doll rather than just "doll")

If clothing is suited to a doll that sells at $100+ it's NOT going to be thought of as a toy. This also helps that there is the "Dolls and Miniatures" as a separate category from "Toys" now.

[Former_Member]

Oh to clarify...

if you use the tag "ball jointed doll" or "bjd" people who find your item in search will generally be people LOOKING for that sort of thing.

(as opposed to Just "doll" as a tag, right?)

tagging it "Blythe" and sticking it in "dolls & Miniatures" and not tagging it "doll" will also limit how it comes up in the search. (more specific search term will find your doll, vague search term won't )

at least that's how I thought searches were SUPPOSED to work.

[LeafandYard]

How search works is part of the problem. If someone searches for ‘doll’ (just the word, no quotations) everything that has doll anywhere among any tag or in the description will come up. So, if I search 'doll' things tagged "ball jointed doll" will come up too, whereas if I search specifically "ball jointed doll" (with quotations) only things tagged "ball jointed doll" will come up.

For example, if I search “paper clip” I’ll get things tagged “silver paper clip,” “plastic paper clip” and “fancy paper clip.” But if I search “fancy paper clip” I will only get “fancy paper clip” in my results. If I search ‘paper clip’ without quotations, I’ll also get “handmade paper” and “money clip” in my results. Make sense?

[Former_Member]

Art Dolls are not toys, not intended to be marketed or made for children and are considered to be ART! Check with http://www.odaca.org/tips.php for more info.

[FayeMaloneDesigns]

That's why I think it's really important that you use terms like collectable, art doll, primitive collectable doll, decorator. Plus all the other specific collector terms. Don't say anything about children, girls, etc. Price them in the range for collectors or for home decor. And clearly make the statement "These are not toys, and not suitable for children under 13". You have specified your audience and marketing, 2 of the elements in defining a toy. You can not prevent a purchaser from buying something, and then giving it to a child. I buy Art/collectable dolls for my grands. They are not for play, but "dresser" dolls.

[Former_Member]

berrybluecreations, though that site is some what informative it does not give a clear cut definition of what distinguishes a doll or soft sculpture as piece of art except that an art doll would be appraised by a collector at a higher price than a similar piece that the appraiser does not considered art. I know art is "in the eye of the beholder" but under the CPSIA the product category definition of a particular piece is equally defined by artisan and the general consumer public. So if more of the buying American public sees an item as a child's product than a objet d'art the creator/designer of the piece could be out of luck for not following the CPSIA, unless they could prove concretely that they where adhering to some nationally recognized organization's definition or ideals of a collectable or piece of art.

I look at it this way I could purchase a canvas take my anger out on it in paints and other media take it for framing then hang it on my wall as modern art and myself and a couple of friends would be happy to consider it as such. But if I was to take the same piece to a gallery and ask them to appraise the piece they would first want to know who the artist is to determine how recognize the name is, if the artist is unknown they would want more info like what school or organizations does the artist belong to or what was the creative process & story behind the piece. The people at that gallery may think the canvas was a great expression of my emotion that that time but not by their definition a piece of art. Now what that gallery though can vastly differ from what the the gallery down the street thinks the 2nd gallery may take one look and wants to see more pieces to open a discussion about doing a showing.

[Former_Member]

If there's anything I've learned from this CPSIA Forum, it's that if a toy is a cheap, mass-produced import, I can assume that's it's not safe for kids. Now you're telling me that I should assume the same thing if it's pricey and handcrafted domestically?

There's nothing (that I know of) in any of the laws regarding children's products that allows for the price to be a determining factor in deciding whether or not an item is intended for children. You could try to argue that a high price is part of marketing/promoting to adults I guess, but there are really cheap toys for kids and horrendously expensive toys for kids and everything in between.


Anyway, here's the definition from the CPSC website:

A "children’s product" means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended 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 the Commission staff in September 2002, and any successor to such guidelines.



It's hard to specifically define some of those things, but some of the suggestions in this thread are really good, as far as words to use in marketing besides "doll" or "toy."

Probably the hardest to define is "commonly recognized by consumers". What may seem obviously "collectible" to its creator or a collector is not obviously not a toy to the average consumer. (sorry for the double negative!) The fact that an Art Doll is considered to be Art in the mind of the person who created it really doesn't count for much as a legal description.

When trying to make that distinction, it doesn't help that so many things that were totally intended to be toys became collectibles. Like Barbie, Beanie Babies, that sort of thing. Good example though- there was a time when people were paying upwards of $2400 on eBay for the Ty Moose if it still had the stupid little heart tag on it. (The same tag that says "Remove all tags before giving this toy to a child".)
Point is- the question isn't whether something is a toy OR a collectible work of art. Some things are both. and price doesn't change it from one to the other.

[Former_Member]

Just make them all naked and anatomically correct, then problem solved ;)

[Former_Member]

The two main defining points about art dolls that you will find consistently are:
1. An art doll is a work of art. The chosen form might be a doll but the piece is art and is intended to be treated and viewed as such.
2. Art dolls are not toys. Usually, an art doll is for display with little to no direct interaction but even art dolls designed to be interacted with (e.g., puppets, marionettes, jack-in-the-boxes, and automatons) are made for adult collectors and are not toys or usually even considered child friendly. Most people wouldn’t allow their children to play with a bronze sculpture or painting on the wall and art dolls fall into the same category. RE: http://www.ladyartisan.com/elusivemuse/2009/01/04/what-is-an-art-doll/

[Former_Member]

you can also check this out
http://www.mycraft.com/cpsia/blog/2009/01/29/cpsia_plush_artart_dollscollectibles

[Former_Member]

Here is the government's legal definition of what constitutes a doll for a child. What legal entity or nationally recognized organization has issued a legal definition of an art doll? Without a legally recognized definition for an art or collectable doll the artisan could be held to the same testing standards as plain doll.

"DOLLS & STUFFED TOYS
Dolls and stuffed toys can be appropriate for children of all ages. They often become a child’s first sensory objects. Older infants and toddlers sometimes become attached to dolls and stuffed toys to feel a sense of security or to show affection. Such attachment may last through preschool and into the elementary years. As cognitive abilities increase, dolls, action figures, and stuffed toys, serve an important symbolic function in helping children learn to pretend and role-play.
Older children collect their favorite dolls, action figures, or stuffed toys.
One should place primary emphasis or importance on the following characteristics when determining the age appropriateness of dolls & stuffed toys:
• Level of Realism/Detail
• Cause & Effect
• Size of Parts
• Licensing
• Color/Contrast
The order of the above characteristics does not necessarily indicate priority, however, because this can change with age. The remaining discussion describes the relationship between the characteristics of these toys and the characteristics of children in various age groups. This includes a description of what types of dolls and stuffed toys are appropriate and how a particular age group plays with these toys.
Birth Through 3 Months
Infants this age mostly enjoy sensing and feeling objects. They lack fine-motor control, so dolls and stuffed toys that are very lightweight (½ to 2 ounces) and have an easy-to-grip size—for example, with limbs ¼ inch thick and lengths of 4 to 8 inches—are appropriate. They are more appealing when they have a soft, felt-like texture like plush toys, have highly contrasting colors(for example, black and white) or basic contrasting patterns and faces, or have rich vibrant colors. Because they are mouthing most objects, dolls and stuffed toys for these children are easily cleanable with no hair or fur, no removable clothing or accessories, and no projecting parts like eyes or snouts. Clothing and moving eyes are not particularly appealing to this age group, and stuffed animals have facial features that are sewn. Dolls and stuffed toys with very basic one-piece construction are appropriate, and should be sturdy enough not to break or pull apart.
4 Through 7 Months
Dolls and stuffed toys remain soft, lightweight, and simple in design for this age group. Besides those characteristics described for younger infants, these children begin to appreciate highly contrasting facial features. A high degree of realism or detail is not recommended. Children in this age group enjoy toys with simple cause-and-effect features; for example, dolls or stuffed toys with rattles inside them. They can best handle lightweight toys that weigh no more than 2 ounces. Toys that are 4 to 12 inches in length are appropriate. These children tend to mouth most objects, so dolls or stuffed toys with buttons, whiskers, bells, ribbons, yarn wigs, or other such features are generally not appropriate. As they approach 8 months, infants start to recognize words that are repeated. Such word recognition ability makes dolls and stuffed toys that say single words or a set of single words most attractive to those children. They also begin to recognize and become attracted to characters from familiar media like books and television.
8 Through 11 Months
While the same characteristics appeal as with younger children, children in this age group become attracted to small dolls and stuffed animals that have a low degree of realistic detail, especially facial features. They can most easily handle dolls and stuffed toys of up to 3 to 6 ounces and within the 8- to 12-inch range. Because these children are rolling around, crawling more, and learning to walk, musical plush toys and others with a wind-up key or projecting surfaces are inappropriate.
12 Through 18 Months
The soft, simple, cuddly dolls and stuffed animals that were appropriate for infants are also appropriate for young toddlers. During this period, children start to engage actively in imitative play with dolls and stuffed toys based on familiar family relationships like mother and baby, or from watching television and other media. They are attracted to mid-size (10 to 16 inches) dolls and stuffed animals that offer simple cause-and-effect functions such as push buttons that produce simple sounds or phrases, lights, and actions. For the same reasons, these children like manipulating extremities or heads to create different postures and looks.
Because young toddlers have a low degree of fine-motor dexterity and control, dolls and stuffed toys are best when they are easy to grip (for example, limbs ½ inch thick) and weigh no more than 4 to 8 ounces. Also, appropriate dolls and stuffed toys generally lack removable, loose, or projecting parts. Hand-sewn eyes with high contrast are commonly used over movable eyes.
Because these children still mouth toys a great deal, appropriate toys are washable or easily cleaned. Suitable dolls tend to have only molded hair, if any, and stuffed animals lack fur.
19 Through 23 Months
Toddlers at this age still imitate a great deal, basing such play mostly on familiar domestic and media themes. They are attracted to dolls and stuffed toys that have a low to moderate level of cause-and-effect functionality. For example, they enjoy pushing buttons or areas on a doll or stuffed toy to produce combinations of sound, lights or action. They like to make simple manipulations of extremities or heads, and create different postures and looks (see also the Early Exploratory/Practice Play category). They can appreciate a low to moderate level of realistic detail and rich vibrant colors. Vinyl or rubber dolls with simple accessories like a baby bottle or blanket are appropriate. As they approach 2 years of age, toddlers have a simple set of basic words and phrases and can engage in simple pretend episodes. Therefore, dolls and stuffed toys that speak simple phrases or sentences are appropriate. Because these children still mouth toys, appropriate dolls do not have hair and appropriate stuffed animals do not have long fur. Also for this reason, dolls and stuffed toys are washable or easily cleaned. They are easily grasped and supported in the air. They may be slightly heavier than those appropriate for younger children (6 to 12 ounces). These children also enjoy playing with small peg dolls (see Pretend & Role Play: Play Scenes & Puppets).
2 Years
Although they still imitate a great deal, children in this age group increasingly recognize the symbolic connections between toys and the real world, and start to pretend more often than younger children. This pretend play also occurs in more complex ways. These children have a low to moderate degree of fine-motor dexterity and control, and can handle slightly larger (12 to 18 inches) and heavier (8 to 16 ounces) dolls and stuffed toys. Soft, rounded, pliable, and cuddly dolls and stuffed toys are most attractive. Pale or pastel colors also begin to attract this age group. These toys may have a small number (about two to four) of familiar accessories such as a bottle, blanket, or bone. Appropriate dolls and stuffed toys are easily carried, non-threatening, and familiar looking with a friendly appearance. Characteristics such as these are important for these children to initiate pretend episodes and to practice being friends or caring partners. As these children approach 3 years of age, dolls become more appealing when they have a low to moderate level of realistic details in their facial features, hair, clothing, and accessories. This is especially true for baby dolls. Children of this age also begin to appreciate eyes that move, like baby dolls that sleep and awake. Dolls and stuffed toys that are stiffly posed or elaborately detailed (for example, those with fine lace or intricate patterns on clothing, or those with facial wrinkles) are not as appealing.
Two-year-olds are attracted to dolls and stuffed toys that have a low to moderate level of cause and effect, such as toys that produce sounds, lights, or other actions when pushed, or ones that permit simple manipulations of the heads or extremities. These children will squeeze dolls and stuffed toys in various places to see if they can cause some kind of effect. Single, predictable interactions with talking dolls and stuffed toys begin to foster a sense of control and mastery, especially if they are associated with familiar characters the child recognizes from various media, books, or family and everyday contexts. Interactive or talking toys that require sequential actions to use them are less appealing. Familiarity and captivating cause-and-effect features can help to balance out less cuddly forms, dull colors, and other less desirable features.
Because they desire independent functioning, children of this age enjoy dolls and stuffed toys that are easy to take care of and dress, so those with simple hats or with vests that have large arm holes would be appropriate. These children also enjoy toys with usable pockets or ones with easy-to-use pull strings and push buttons that initiate various actions. Two-year-olds can remove clothing, but may have difficulty redressing if clothing uses buttons or snaps. Fasteners that are more easily usable by these children include large buttons, hooks, and hook-and-loop or touch fasteners. They like simple dress-me dolls and will pretend to bathe dolls, especially ones that are washable and submersible. Miniature dolls, life-sized dolls, and accessories (for example, baby dolls with grooming supplies) also appeal to this age group, as do wooden or plastic peg dolls. These children will pull on the limbs, head, and fur of the toy, and may brush a doll’s hair. Doll hair and stuffed animal fur are less likely to be pulled out by the brushing or pulling actions of these children if they are firmly rooted and tangle free.
Medium-sized stuffed toys (12 to 16 inches in length), like teddy bears and other animals, are more appealing when in tandem, like a mother and baby combination, as this offers the child greater pretend possibilities. They also enjoy larger or life-sized stuffed toys that they can drag around, climb on, and cuddle. They become more aware of dolls and stuffed toys that are licensed, and this begins to influence their preferences and ultimate enjoyment of these toys.
3 Years
Three-year-olds have a moderate degree of dexterity and fine-motor control, and begin to enjoy low to moderately complex cause-and-effect in their pretend play. They like to push buttons and to use devices that produce sound, lights or action, and more specialized, realistic features like crying, sucking, wetting, and walking. They prefer dolls and stuffed toys with about a dozen diverse, easy-to-manipulate loose parts, and moving eyes. They become more adept at identifying and enjoy licensed fantasy characters like robots and superheroes, and they begin to develop an interest in simple collectibles. They also enjoy a moderate level of realistic detail, preferring dolls and stuffed animals that have accurate proportions and anatomy, moderately authentic parts, and body parts that can move in multiple directions. These children can manipulate clothing with large openings that allow easy dressing and undressing, as well as those with large buttons, hooks, and hook-and-loop or touch fasteners. These children are also able to handle slightly heavier (12 to 18 ounces) and larger (16 to 20 inches) dolls and stuffed animals than toddlers can.
4 Through 5 Years
These children enjoy moderately to highly detailed, familiar, realistic dolls and stuffed toys to incorporate into their moderately to highly complex pretend play. Dolls and stuffed animals designed for moderately to highly complex cause-and-effect appear to promote more complex and longer periods of pretend play. Since they have moderate problem-solving abilities and have developed richer symbolic meanings in their toys, 4- and 5-year-olds prefer fashion, military, and other thematic dolls (for example, 1:6 scale dolls with various outfits or accessories), action figures about 4 to 8 inches in length, and stuffed toys that become the major characters for enacting diverse, often extended, stories during pretend or role play.
The dolls and stuffed toys that offer the greatest degree of interest to these children are often based on licensed characters and on themes from various experiences at home, school, and through the media (television, videos, computer games, movies, and books). They are attracted more to dolls and stuffed animals that are collectible, as well as larger or oversized ones. They enjoy well-defined facial features, dressing dolls and stuffed toys with simple outfits, and choosing among many loose parts like grooming supplies. Such toys may also have moderately to highly complex cause-and-effect, such as multi-directional rotation of body parts, multiple functions, or multiple voice, light, sound, movement responses to buttons pushed, or smart-chip accessories that are plugged-in. They also are attracted to smart, robotic dolls and stuffed toys that feature various reactions to different stimuli or a lack of stimuli, and begin to master these toys (see Educational & Academic Play: Smart Toys & Educational Software).
6 Through 8 Years
Young school-aged children engage in fewer pretend episodes than pre-schoolers, so structured activities become more attractive. Their pretend play becomes more drama-oriented with longer, more complex scenes and plays. Because they can readily transform symbolic meanings and have moderate to high problem-solving abilities as they mature through this period, 6- through 8- year-olds enjoy using dolls and stuffed animals in their diverse, often extended stories. These children enjoy life-sized or oversized dolls and stuffed animals that have many accessories. They also enjoy miniature dolls (for example, 1:6 scale) that are more fashion oriented. Children of this age have a keen awareness of and interest in licensed characters and collectibles that are popularized mostly by mass media. They enjoy diverse opportunities to engage with the accessories that typically go with many dolls and stuffed toys. In addition, their dexterity, finemotor control, and gross-motor skills allow these children to manipulate most small parts, such as fingers that move and small levers or buttons that activate features.
9 Through 12 Years
Older school-agers mostly prefer to collect dolls and stuffed toys that are highly detailed, highly functional, authentic, and unique. Such toys include fashion or miniature dolls that are also used as decorative pieces, especially dolls with ornate costumes. Realistic toys, however, are not necessary. They are often licensed and come with numerous licensed accessories." from http://www.cpsc.gov/BUSINFO/adg.pdf

As the one blogger pointed out the artisan can choose not to market the art piece to children but that would include making sure that there is nothing in the pictures, decription or tags that would lead the average buyer, not someone who is into collectables, to assume that the piece can be given to a child if they so choose to do that. But please keep in mind that the blog was written before the current commission was formed and the new commission members and chairperson seems to take a more "to the letter of the law" approach to interpeting what the House and Congress wanted the law to be. Without the blogger's question being published in the CPSIA FAQs section or as a notice in the Federal Register what went on in that phone conversation becomes a case of he said/she said all to easily.

[LeafandYard]

amyblandford says:

There's nothing (that I know of) in any of the laws regarding children's products that allows for the price to be a determining factor in deciding whether or not an item is intended for children. You could try to argue that a high price is part of marketing/promoting to adults I guess, but there are really cheap toys for kids and horrendously expensive toys for kids and everything in between.

---------------------

We're getting the price part from the small business guide, page 3, "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."
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf

And from
II.B.3.iii (page 20536) in the Interpretation of 'Children's Product'
http://www.cpsc.gov/businfo/frnotices/fr10/childproduct.html

"(iii). Cost Considerations
A product's cost may also be considered in evaluating whether a consumer product is primarily intended for use by a child or an adult. The cost of a given product may influence the determination of the age of intended users. Very expensive items are less likely to be given to children 12 years of age or younger, depending on the product. We have not identified a price point where any given product achieves automatic adult status but, in general terms, within a given product category (like models or remote controlled vehicles), products intended for adults cost more than products intended for children because children are often less careful with their belongings than adults and therefore are more likely to be entrusted with less expensive models."


The guidelines are still subjective, but price is a factor - though I can't tell if this ended up as part of the law or if it was just proposed and never went through.

[Former_Member]

http://edocket.access.gpo.gov/2010/2010-8431.htm
The statutory definition of ``children's product'' also specifies
certain factors that are to be taken into consideration when making a
determination about ``whether a consumer product is primarily intended
for a child 12 years of age or younger.'' These factors are:
A statement by a manufacturer about the intended use of
such product, including a label on such 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; and

II. Description of the Proposed Interpretative Rule

A. Designed or Intended ``Primarily'' for Children

Section 3(a)(2) of the CPSA defines a ``children's product'' as ``a
consumer product designed or intended primarily for children 12 years
of age or younger.'' We interpret the term ``designed or intended
primarily'' to apply to those consumer products mainly for children 12
years old or younger. A determination of whether a product is a
``children's product'' will be based on consideration of the four
specified statutory factors as further described in the discussion and
examples provided in this interpretative rule. Because each of those
four factors incorporates the concept of ``use'' by the child in some
manner, we further interpret the term ``for use'' by children 12 years
or younger to generally mean that children will physically interact
with such products based on the reasonably foreseeable use and misuse
of such product.
In contrast, products intended for general use, are products that
are not designed or intended primarily for use by children 12 years old
or younger. General use products are those consumer products mainly for
consumers older than 12 years of age. Some products may be designed or
intended for consumers of all ages, including children 12 years old or
younger, but are intended mainly for consumers older than 12 years of
age. The Commission has given examples of what it considers to be
general use products. For example, most pens, or other office supplies,
are not considered children's products because they are mainly used by
the general public. The fact that pens or other office supplies may
also be used by children does not convert them into children's
products. However, when a general use product, such as a pen, is
decorated or embellished by adding certain features that may appeal to
children, such as childish themes or play value, the general use
product may be converted or transformed into a children's product due
to these additional features or characteristics. A further evaluation
would be made regarding whether, in fact, a child would be likely to
physically interact with such a pen, and how such interactions would
occur, including the reasonably foreseeable use and misuse of the
product by the child. If a child is unlikely to interact with the pen
because the theme would not be of interest, or if an older child or
adult is as likely, or more likely to interact with the pen than a
child, such a pen would not be a product designed or intended primarily
for children 12 years of age or younger, and thus, would not be
considered a children's product.

[Former_Member]

Hello, sorry I disappeared for a while there, and thank you so much to everyone for your replies!

The more I am reading, the less I am sure about selling my plush.

Unfortunatly for me, my favorite pattern looks like a giant marshmallow cat. It is large and simple, and on first glance looks like a child's toy. I do not think I could convince someone NOT to give it to a child, even if I studded it with crystals and put a big "choking hazard contains lead" sign on it.

I think I may focus on my hats and doll clothes and ignore the plush for now.

Again, thank you all so much for your informative replies! You folks have been especially helpful with the tagging of products.

[StitchyImpressions]

I have the same issue with these :

http://www.etsy.com/listing/49095339/little-spool-girl-leslie-free-shipping

It's not marketed to kids, the packaging does not imply anything for kids, i have a certificat of authenticity for each one, and it's all marked as not for kids but it's still a grey area.

[Former_Member]

I just have to ask at what point is it the consumer's responsibility? I mean, if you make it clear in your listing and tag the doll as not for children and someone ignores all that and still gives it to a child, how can that be the artisan's fault?

[StitchyImpressions]

northwoodstoys - that's what i would like to know too. I've heard if you have all the disclaimers in place then it is not your fault, but then I've also heard that a disclaimer wont' protect you.

[Former_Member]

You really can't control what a consumer does. I think your responsibility is to make it clear that the item is not for children. A note in your shop is probably not enough, but a tag or label on the item will probably be sufficient. And it is also important to make sure it is not marketed to a child under 12. This means you can't take photos of your item with a kid and then say "not intended for children under 12" This is unfortunately a problem with some manufacturers failing to label their items properly, claiming that their items are meant for adults. So you don't want to look like you are just trying to get around the law, even though the law really has very little to do with your craft.