would a disclaimer work?

[Former_Member]

If i just stuck a disclamer on my shop that says "Not tested for lead, not intended for use by children under 12" would that work?

I don't think I have a lot of stuff in my shop that would "apeal to a child" besides wall art. (And that's all I'm seeing that the law is conserning). So I'm not overly worried about it. But I liked making stuffed animals and little sculptures from sculpy sometimes...

[Former_Member]

No, it won't. If the CPSC thinks it appeals to children, then it is a children's product.
This law is not fun at all.

[Former_Member]

No, just saying that you are not responsible does not remove your responsibility. But if you do not make toys or children's items, it's not an issue. I don't think wall art is effected by this law, as it can't be chewed on or handled for long periods.

[Former_Member]

I don't mean to start anything but I am just curious here...Doesn't this also include paint?

What about a painting not really made for a child but who gets a hold of one and like a teething baby chews a corner since kids do crazy things or puts that toy with a label saying 13 and up in their mouth and paint comes off...then would that person be responsible who made it?

[SweetFreedom]

not a lawyer, but doubtful -

try how it sounds with breaking another law -
say -
You produce illegal narcotics, and just put a disclaimer on there saying -
Illegal narcotics, not in compliance with state and federal laws, and not intended for use in any way that breaks said laws.
I know that is a *slightly* different and purposely silly analogy, but seriously --

[Former_Member]

well i know with narcotics if your child gets ahold of them they charge you for posetion, and then for child endangerment.

They get away with sex toys, and condoms by putting "novelty item only not for use" even though everyone uses them so i just wondered.

[originalsockdogs]

According to Congressman Rush's office and the General Counsel for the CPSC (in a voice mail), if it truly is not intended for children 12 and under, then lead testing is not required and a disclaimer is acceptable.

I'm trying to get this in writing.

[Former_Member]

threeredtrees when you can get this please let me know. Almost all of jewelry is made form novelty buttons and I have a feels when they look at them it screams made for kids even thou my market is teens and young adults.

[Former_Member]

Nope, it wouldn't work. :o(

[Former_Member]

CPSA has declared in the body of the law that a disclaimer will not be considered a loophole.

[Former_Member]

but don't manufacuers of buttons and things have them tested? My gosh this is the most rediculouse thing i've ever heard of