Consumer Product Safety Improvement Act of 2008 (CPSIA) | Practical Law

Consumer Product Safety Improvement Act of 2008 (CPSIA) | Practical Law

Consumer Product Safety Improvement Act of 2008 (CPSIA)

Consumer Product Safety Improvement Act of 2008 (CPSIA)

Practical Law Glossary Item 3-514-5708 (Approx. 3 pages)

Glossary

Consumer Product Safety Improvement Act of 2008 (CPSIA)

The federal law that amended the Consumer Product Safety Act of 1972 by strengthening and modernizing it (Pub. L. No. 110–314). The CPSIA requires:
  • Third-party testing for certain children's products.
  • Toy safety standards.
  • A limit to the amount of lead present in certain children's products.
  • Tracking labels for children's products.
  • Recordkeeping of information from registered consumers, for possible future recall notices.
  • The Consumer Product Safety Commission to create an online searchable database available to the public for tracking reports of safety issues for consumer products.
It also bans the sale, distribution, and import into the US of certain children’s toys or child care items that contain more than 0.1% of specific types of phthalates, which are potentially harmful substances added to plastics to increase flexibility and durability (15 U.S.C. § 2057(c)). In addition, the CPSIA protects whistleblowers against employer discharge and retaliation for raising product safety concerns (15 U.S.C. § 2087).
The maximum civil penalty for each violation of the CPSIA is $100,000 and $15 million for a series of connected violations (15 U.S.C. § 2069(a)(1)). Criminal penalties may include a maximum of five years in prison and forfeiture of assets (15 U.S.C. § 2070).