Has anyone noticed new labels or warnings on consumer products? I was recently out shopping and began to notice that certain products are now being marked “Not intended for children 12 and under” or “Warning: Not intended for children age 14 and under.”
Label "Not intended for children 12 and under"
I have a suspicion as to this reason and it has to do with the Consumer Product Safety Improvement Act (CPSIA) and an attempt to sidestep certain testing and certification requirements.
Ok, I do have a certain advantage over most people; I do have access to an X-Ray Fluorescence (XRF) analyzer which provides elemental information (from 15 to 94 on the periodic chart) in a non-destructive testing method. As an owner of an environmental technology company, Environmental Services & Solutions Corporation (Essco – Safety Check) we specializes in helping people know what is in their environment, we have provided consumer product testing for moms and dads, businesses and government.
While recently testing, a few new items (specifically metal jewelry) were tested and these warning labels were present on the items. The test results showed that cadmium was present in two separate items; one necklace was found (using XRF analyzers) to contain 118,988 PPM of cadmium or 11.89%, the other necklace 64,103 PPM of cadmium or 6.41%.
I should mention that cadmium is one of the regulated elements within the CPSIA. The regulation is based on a different testing method (typically ICP-MS) which is a testing methodology that uses acid to mimic ingestion. The regulation for cadmium is based on soluble content limit and has a regulation of 75 PPM. XRF is a total content testing method and is not capable of quantifying soluble content, but does look at total content.
Within this one piece of jewelry there appears to be 1586 times the level of cadmium found at the soluble content limit level. I’m not going to suggest that the cadmium in this item has a soluble level greater than 75 PPM, however, cadmium is a very harmful element, is known to be a carcinogen and is present in this item.
Are we to presume than an adult who purchases this item will ensure that a child never wears it? You should note that just because an item has something potentially harmful, does not mean it will harm someone. But that harmful element is present in the item and is a regulated element for children’s products.
Is it ok for a manufacturer or importer to simply label a product “Not intended for children 12 and under” on an item, and thus sidestep testing? Jewelry is handed down from mom to daughter; there are dress up days, girl’s night out, and many occasions that a young girl or boy for that matter will borrow moms or dads jewelry.
But it appears not to just be jewelry and other consumer products are being marked in the same fashion, “Not intended for children 12 and under.”
As I mentioned, I was out shopping recently, probably like most people around the holiday season. I was out at a large retailer looking a knickknacks’ trying to decide on a few other gifts for family. While shopping I picked up several other items that were merely decorative in nature (ornaments, figurines, ceramics, etc) and most were marked in the same fashion “not intended for children 12 and under.” Several of these items were painted and there is regulation about lead in paint.
Let me say, I did not buy any of these items so I cannot say that they have lead or other metals in them regulated under the CPSIA, however, it does make one think.
Why is an item now marked “not intended for children 12 and under?” Is it to sidestep testing requirements for painted surfaces under the CPSIA? Is it to sidestep testing requirement for children’s jewelry under the CPSIA?
Let me see if I can break this down for everyone.
Consumer products do contain a variety of elements and some of these elements are potentially harmful. Particular elements are regulated for products designed and marketed to children 12 and under, as well as other safety standards. Certain products that I have discussed including children’s jewelry and painted items have further requirements for testing including certification and specific testing methods.
Here is some general information on regulation:
16 C.F.R. 1303 – Ban of Lead-Containing paint and certain consumer products bearing lead paint. Here is an excerpt from Sec. 1303.2 Definitions.
(a) The definitions in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) shall apply to this part 1303.
(b) For purposes of this part:
(1) Paint and other similar surface-coating materials means a fluid, semi-fluid, or other material, with or without a suspension of finely divided coloring matter, which changes to a solid film when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic, or other surface. This term does not include printing inks or those materials which actually become a part of the substrate, such as the pigment in a plastic article, or those materials which are actually bonded to the substrate, such as by electroplating or ceramic glazing.
(2) Lead-containing paint means paint or other similar surface coating materials containing lead or lead compounds and in which the lead content (calculated as lead metal) is in excess of 0.06 percent by weight of the total nonvolatile content of the paint or the weight of the dried paint film.
Here is an excerpt from Section 3 of the Consumer Product Safety Act:
SEC. 3. [15 U.S.C. 2052]
(a) For purposes of this Act:
(1) The term ‘‘consumer product’’ means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include—
(A) Any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer, (there is more but for purposes of this conversation, they do not apply)
On December 16th, 2009 the CPSC issued Interim Enforcement Policy on Component Testing and Certification of Children’s Products and other Consumer Products to the August 14th, 2009 Lead Limits.
On August 14, 2009, the limit for lead in paint and similar surface coatings was reduced from 600 parts per million (ppm) to 90 ppm.
Beginning on August 14, 2009, it became unlawful to sell, offer for sale, manufacture for sale, distribute in commerce or import into the United States any product that is subject to the new lead limits, but fails to comply, regardless of when the product was made.
The testing and certification requirements for paint sold as such and for consumer products that are subject to the lead paint limits but are not intended primarily for children age 12 and younger (such as certain household furniture items) were stayed by vote of the Commission on January 30, 2009 (see 74 FR 6396 (February 9, 2009)). With respect to these products, the stay of enforcement relating to the lead in paint limit will be lifted as of February 10, 2010. Accordingly, such products, if manufactured after that date, will have to be certified to the 90 ppm limit based on a test of each product or a reasonable testing program (There was a second stay of enforcement on December 18th, 2009 which extended that stay one more year till 2/10/11)
For consumer products that are not children’s products but are subject to lead paint limits (such as certain furniture items), a domestic manufacturer or importer may base its certification to the 90 ppm lead paint limit (when required as explained in paragraph 6 above) on its own testing of each paint used on the product, on testing by any third-party test lab, on paint certification(s) from any person or on a combination of these methods.
What does all of this mean? Simply, all consumer products that are painted are subject to the regulations of lead paint. It appears you can get around the certification and third party testing requirements by marking an item “not intended for children 12 and under.” All painted consumer products still subject to the lead limit standards.
As for jewelry (metal jewelry specifically), once again specific testing methods and certification are required for children’s jewelry, but if you label your products “not intended for use for children 12 and under” it appears a company can sidestep the certification and testing requirements.
Why is a harmful element like lead or cadmium present in the products we wear, eat off of, or our children play with is beyond my logic of thinking. I’d like you all to think and begin to notice that more and more products appear to be labeled “not intended for children 12 and under”
I can’t say if they contain lead or cadmium or other elements unless they are tested. Manufacturers, importers and retailers are all suppose to ensure that the products they distribute meet safety regulations, but it appears that if you label your products “not intended for use by children 12 and under” you can side step particular testing and certification requirements.
