Landmark Bill Signed, Helping Ensure Safety of Toys and Kids' Products

Landmark Bill Signed, Helping Ensure Safety of Toys and Kids' Products
The Nemours Foundation

You can practically hear the collective cheer of parents across the country. Thanks to a groundbreaking new law, playthings and other kids' products will be deemed safe before they make it to the store shelves and, ultimately, children's hands. What's more, lead is officially banned, once and for all, in kids' merchandise.

President George W. Bush signed the Consumer Product Safety Improvement Act, barring lead (more than trace amounts) in products for kids under age 12 and partially prohibiting phthalates ("thah-lates") — chemicals used to soften plastics and rubber — in toys and child-care items. Three kinds of the controversial chemicals are banned for good, whereas three others can't be used until further testing.

The new law also will give the Consumer Product Safety Commission (CPSC) the power and resources to regulate the industries for toys and children's products (like cribs and high chairs). Now, the CPSC, once essentially a federal watchdog group with little power other than to implement recalls, will be able to:

  • enforce and oversee mandatory testing of products before they ever leave the manufacturing room floor
  • remove unsafe merchandise from shelves faster
  • heavily penalize companies that don't follow the letter of the law

Before the bill, the CPSC scoured store aisles for unsafe items, took consumers' reports about injuries and concerns, and instituted recalls when they verified a hazard. But what the organization could not do was monitor the safety of merchandise — including toys and children's stuff — before it was actually sold.

Toys and kids' products previously did have to meet federal and industry safety standards (for things like lead paint, as well as choking hazards and sharp points). But these products were not tested or approved for safety by a federal agency before they made it to the marketplace. So, although companies were expected to comply with the standards — whether they manufacture products in or import them to the United States — no government entity made sure that the standards were really being followed pre-sale.

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