On Oct. 14, 2015, the Consumer Product Safety Commission (CPSC) issued a direct final rule amending rules promulgated under the Consumer Product Safety Act (CPSA). First, the CPSC clarified its Component Part Testing Rule, 16 C.F.R. § 1109, to make clear that the special testing requirements outlined in Subparts B and C of the rule only apply to the products specified in those Subparts. All other products may follow the testing procedures outlined in Subpart A. Second, it also clarified that children’s textiles that have treatments and applications consisting entirely of dyes are not subject to third-party lead testing. The amendments also update a reference to the current Standard Consumer Safety Specification for Toy Safety, ASTM F963-11, as well as CPSC’s latest guidance regarding the component part testing for phthalates, both of which have been revised since the rules were last issued.

The CSPA’s Component Part Testing Rule, 16 C.F.R. § 1109, was promulgated by the CSPC in November of 2011 as a means of providing flexibility for testing and certifying consumer products pursuant to Section 14 of the CPSA. Subpart A of the rule provides general requirements for component part testing. Subparts B and C provide additional conditions for testing paint, lead content of children’s products, phthalates in children’s toys and child care articles, and composite testing. The rule was not intended to limit component part testing to the circumstances outlined in Subparts B and C; however, the rule was unclear. The revision makes plain that the restrictions in Subparts B and C apply only to their specifically referenced products. Manufacturers can use the procedures outlined in Subpart A for other products subject to the CPSA.

The CSPC has previously determined that dyes and dyed textiles do not contain lead and are therefore exempt from third-party lead testing for children’s products. However, its rule exempting dyed products was ambiguous as to whether the use of certain application techniques always necessitated testing. The change to 16 C.F.R. § 1500.91(d)(7) makes clear “that textiles that have treatments and applications consisting entirely of dyes do not exceed the lead content limits, and are not subject to the third party testing requirements for children’s products, so long as those materials have not been treated or adulterated with materials that could add lead.” Amendment To Clarify When Component Part Testing Can Be Used and Which Textile Products Have Been Determined Not To Exceed the Allowable Lead Content Limits, 80 Fed. Reg. 61729, 61731 (Oct. 14, 2015) (amending 16 C.F.R. § 1500). The intent is to ease the burden of third-party testing for products that are known not to contain any detectable lead levels.
Continue Reading CPSC Updates and Clarifies Testing Rules under CPSA

The Fair Trade Commission (FTC) has amended the rules and regulations for consumer commodities’ labels promulgated under the Fair Packaging and Labeling Act, 15 U.S.C. § 1451 et seq., (FPLA) to: (1) allow the omission of street addresses from labels if they are listed in any readily accessible, well-known, widely published, and publicly available resource; (2) incorporate a more comprehensive metric conversion chart; (3) explicitly allow the use of exponents with customary inch/pound measurements; (4) delete outdated prohibitions on retail price sales representations; and (5) acknowledge the role of the weights-and-measures laws of individual states.

The FPLA rules require consumer commodities to conspicuously state the name and place of business of the manufacturer, packer or distributor, including a complete street address. Previously, a label could omit the street address if the address was listed in a current city or telephone directory. The revision expands the exception by permitting omission of a street address if it is listed in any readily accessible, well-known, widely published, and publicly available resource, including, but not limited to, a printed directory, electronic database, or website.

Continue Reading FTC Amends Labeling Rules for Consumer Commodities