Worried about product liability...What do I do now?

I've been selling children's items on Etsy for over a year now, but just this morning I finally became aware of the child consumer product safety issues and regulations. I don't know why I didn't think about it before but I didn't know what I didn't know. Most of my items are for children in my shop and I have made and sold almost 150 little super hero capes to people. I need help on knowing what I need to do to get "right" with everything. Do I need to send my products in for certification somewhere? What kind of insurance do I need? Do I need to recall all the products I've sold if I wasn't certified? Please help because my Etsy shop was becoming a dream come true and now I'm worried about it becoming a nightmare....
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Former_Member
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Re: Worried about product liability...What do I do now?

First, register with the CPSC as a small business. Then you'll be exempt from testing yourself, and can rely on the suppliers of your materials third-party testing (if you can find it!).

Fabrics, thread, yarn, trim, elastic, velcro, etc are exempt materials. As long as you are registered, you don't have to worry about testing these items, as they have been deemed highly unlikely to contain toxic substances. So your crayon case, and possibly your superhero capes (you don't currently have any listed) are very likely ok...though I don't know what regulations would apply to something that fastens around a child's neck and I don't know what closures you use. I know there are regulations regarding sashes on girls dresses, as far as not hanging down past the hem of the skirt, so I don't know if there's something similar for capes.

Your iron on ties would need testing, or a certificate of testing, for the heat-n-bond. I think.

It's worth setting up an LLC (with separate bank account, if you want to actually be protected, at least in Colorado). And I have seen someone on here say they got liability insurance for about $35/mo, which isn't too bad. At least do the LLC, since it doesn't cost too much to set up.

And I don't know how things work retroactively. I was lucky enough to only have sold some spare fabric before I discovered CPSIA.
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Former_Member
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Re: Worried about product liability...What do I do now?

btw - I'm not sure about the heat-n-bond. Turns out fusible interfacings are exempt as long as they're well-attached, so I don't know if heat-n-bond would be treated similarly. Probably worth a call to the ombudsman, who I hear is quite helpful.
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Former_Member
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Re: Worried about product liability...What do I do now?

Has anyone actually gotten through to the ombudsman? I tried calling twice and it just has a machine
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Re: Worried about product liability...What do I do now?

Thank you for the info so far. I deactivated every item in my shop for now until I got things sorted out. I just use velcro for the fasteners on my capes and I had two different sizes for different age ranges. Where do I find out what other regulations there are for things like capes because I only use cotton for the material so if I am exempt from that aspect what else do I need to be concerned about.
Where do I find if the suppliers I used products from have the third party testing done on their products? I usually buy fabric from Joann's and the Walmart in my town.
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Former_Member
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Re: Worried about product liability...What do I do now?

Yeah, if all your materials are exempt then there's nothing left to worry about except registering. A call/email to the ombudsman should get you the info you need about any additional regulations.

I think the only way to figure out if the supplier has had the testing done is if you call them directly. It might be a major pain to find the right person to ask. They should be able to send you their testing results/certificate.
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NiniCipollini
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Re: Worried about product liability...What do I do now?

Margaretpd says
Has anyone actually gotten through to the ombudsman? I tried calling twice and it just has a machine
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I sent an email and he got back to me fairly quickly.
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Re: Worried about product liability...What do I do now?

Also what do i do if I didn't have the proper labels and tags attached to my products? Do I need to recall all of them or can I get them made up and send out to all the people I sold items to, or can I write a letter to all my previous customers explaining the situation and provide all the information that should have been on the labels and start fresh with any new products?

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Re: Worried about product liability...What do I do now?

Don't worry about the past, start fresh and carry on, especially if you are only talking about tags and labels.

If you are talking about fabric, velcro, and trims you are probably using all exempt supplies and testing is not needed. But do register, and go to the CPSC webiste, the FTC care and labeling site. I have a huge folder on my computor that I can access with information that I need.
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Former_Member
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Re: Worried about product liability...What do I do now?

What's the status with heat-n-bond?
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Re: Worried about product liability...What do I do now?

It would be encapsulated and become part of the substrate, making it exempt.
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Re: Worried about product liability...What do I do now?

Just to clarify the labeling...I need to have FTC labels on all my items if they are made of fabric? Iron on ties, capes, cloth checkerboards, napkins etc.? cPSCI labels only on anything to do with children.... and if I just want a brand label I can use that on non-kid things....nurses hats, bags, etc. or I can just incorporate my brand on the cPSCI label and use it all the time....right?

Thank you!
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Re: Worried about product liability...What do I do now?

Corrinna, here are the links to the 2 FTC laws that will apply. I suggest you print out and keep copies in a notebook/file Find those items that you make on the lists. highlight them, and go from there. One is for the fiber content and origin and the other is the required care labeling.

Some things will be exempt from fiber content labeling, but still require the care labels. And anything for children will require the cpsia tracking labels.

http://business.ftc.gov/documents/bus50-clothes-captioning-complying-care-labeling-rule

http://business.ftc.gov/documents/bus21-threading-your-way-through-labeling-requirements-under-texti...
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