Who determines if a product is for children?

[Former_Member]

Hello Everyone,

I had some questions I was hoping someone who spoke Congressese could answer. I have read, re-read, printed and read again the CPSIA laws, and I'm still confused.

I make cloth dolls and stuffed animals. I have never really sold them but had wanted to start doing so. However, I have never intended these dolls for children. To me, they're more of a 'yesteryear', nostalgia thing, and some of the accessories on them are sharp and unsuitable for children.

When I was reading through the CPSIA laws, for the thousanth time, it seemed to me that they are saying the law determines the age-appropriatness of an item rather than the intent of the maker. Is this the case, and, if it is, is there a way to declare the dolls 'art dolls' or something to keep them from being declared for children? If they could fall under the 'art doll' label, would they still need all the labeling and such?

I would appreciate any info anyone is willing to share or a link to something that clarifies this.

Thanks!!!!!!!!!!

[Former_Member]

I think even law-wise it has something to do with the look of the item. I mean I don't think a vintage porcelain doll or some thing would be considered a childs item...even a new one. I know madam alexander is a collectors doll. I suppose some of it depends on what your dools look like. Do you have a picture to help us out?

[Former_Member]

Oh yeah. I have tons of pictures. How would I upload them?

The dolls are kind of rag-dolly in a way. They're made from muslin with yarn for hair. I soft sculpt and paint the faces and hand make the clothes and shoes.

[FayeMaloneDesigns]

Part of the determination is what you put in your tags, the description, and the title, what the gov refers to as marketing. Are you going to use the wording "doll, children, play, girl, toy, child, children". All these words will mean that you are marketing your product to children. I'm sure there are others tags that they would find are refering to a children's item. But as Amycantini says without seeing your dolls, it's pretty hard to give you any advice. I"ve certainly seen dolls that are dolls that I would not give to children, but then again, my daughters and grands were given very expensive porcelian dolls.

[Former_Member]

OK. This isn't a great picture, and it cut off part of her head. But this is Auntie Mae. She sits in a rocking chair and is sewing a quilt. She has a needle in her hand. This is the pattern I've used for years, but I've recently been branching out into clay limbs and other cloth patterns that are definitely not for children. I have several of these little guys, though, and had considered still using the pattern from time to time, but if they look too much like items for children, I can always use the others instead. This pattern just makes a doll with a homey, times past feeling, if that makes any sense.

I really appreciate the advise I've gotten so far. Thanks!!!!!!

[Former_Member]

Ok. Never mind about the picture. For some reason, the avatar isn't loading. I still appreciate the advise, though.

[Former_Member]

Now the avatar is there. This is Auntie Mae. She's made of muslin and has a needle in her hand. All of the ones with this pattern have some type of accessory that is either fragile or inappropriate for children.

[Former_Member]

homespun,
I have been making cloth dolls, Nurse, Angel, etc., for a long time. They have NEVER been intended as toys. I have that on my tags but I have no clue how I would defend that if the Gov. came after me! I won't say any more about the Gov. That's a thread for another day!!! LOL!
Helene

[Former_Member]

I make cloth dolls and animals also. I consider mine to be Art Dolls, and they are not intended for play. I even put that in my descriptions that they are not toys, they are for the adult collector.

[petitpoix]

Actually the child is actually the one who determines it. Part of the law actually says something about if the item is attractive to most small children it is considered for children. That avoids sellers trying to loophole saying it is for anyone over age 12.

[petitpoix]

Use the word "actually" much?

[Former_Member]

The CPSC recently issued a document on determining what a child product is. They are still writing the final rule.

http://www.cpsc.gov/about/cpsia/childproducts.html

[happywhosits]

Thanks for the post mylanderbooks. The proposed Federal Register notice is very helpful.

Eileen...

[Former_Member]

Thanks for the posting, mylanderbooks. That was one I hadn't found yet. If I understand it correctly, especially a paragraph near the bottom that uses bears as an example, then I can put the dolls on a permanent stand, make their accessories fragile, and display them as 'for decoration only' and be all right. Is that what everyone else got from that site?

And thank you to everyone for all the help. I'd been considering just tossing the dolls and taking up another hobby just so I didn't have to deal with CPSIA. Then I realized that I'd make them even if they had to stay in a box until the law changed.

[Former_Member]

Rick Woldenberg is the best expert, followed by Jennifer Taggert on keeping up with this law. The law and it's related regulations are now a few thousand pages and counting. It's impossible to keep up with! I recommend reading Rick's blog to keep up with a lot of it. He just testied before Congress along with the Handmade Toy Alliance (HTA).

http://learningresourcesinc.blogspot.com/ (Rick's blog)

[Former_Member]

Thanks, mylanderbooks!

All the info has really helped.

[FayeMaloneDesigns]

Think about this, this law, which again no one read is only 64 pages. It now has "a few thousand pages" to try to figure it out????? These idiots in DC keep writing 1400 page laws, that no one has any way to know what the hell they mean. Is this what we really want???

[Former_Member]

Things that can be attractive to children have to follow CPSIA rules? Hmm, what all did me and my sister get into when we were kids? Messed up mom's sewing stuff, ate cat food, chewed on a houseplant, used dresser drawers as steps to reach the ceiling fan to tie stuffed animals to it so they could fly, took apart a tape player, drew on the walls with shoe polish . . . so, yeah, I don't think any of these things were intended for children, and my parents were not particularly inattentive. You just never know what a kid will find interesting.

[FayeMaloneDesigns]

I love the attaching stuffed animals to the ceiling fan so they could fly!!