New Toy Rules Require Periodic Third Party Testing

The U.S. Consumer Product Safety Commission has revised its testing rules for domestic toy manufacturers.

American manufacturers and importers are now required to test and certify their children’s products with a third party to ensure compliance, according to a release from the CPSC.

The new rules mean that companies must submit a representative sample of each product for testing, both randomly and if there is a material change in a product. A material change might be a new product design, an upgraded manufacturing process, or even a new source of component parts. If any of these changes have occurred, the product must be resubmitted to the third party testing agency for recertification.

If a product fails the testing process, the manufacturer will have to address the problems with the product. The CPSC also addressed influence in its new rules. Independent, third party product testers will need to be approved by the CPSC to avoid undue influence by the manufacturers.

Manufacturers may rely on component part testing by suppliers to meet the testing requirements, according to the new rules. This relieves some of the burden the new rules could impose on the companies.

Companies will need to keep records of the testing on file for five years. Children’s product manufacturers were already required to do initial testing on many products, including those with small parts, cribs, children’s jewelry and pacifiers.

The Toy Industry Association worked closely with the CPSC while the agency was crafting the rules. “The CPSC has been responsive to toy industry comments while developing its ruling on third party testing, and the toy industry is pleased with the improvements that have been made,” said Ed Desmond, executive vice president of external affairs at the TIA.

Children’s products in compliance with the new law may carry a physical label that reads: “Meets CPSC Safety Requirements”, but labeling is voluntary. The agency is also moving forward with a proposed change in the rules that affects representative samples. If passed, this proposal would allow firms to use product samples in the periodic testing process that the company knows to be representative of the product since it was last tested.

Industry standards help regulate the process so that consumers and parents can expect safety in products manufactured for use by children. The rules also benefit manufacturers who can trust that their supply chain has to meet standards that will keep their products compliant with the CPSC’s rules.

Parents and families who are concerned about child injuries due to defective products and toys should consult a skilled injury attorney.

Robert Briskman is a Chicago personal injury lawyer and Chicago personal injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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