Consumer Product Safety Advisory - Consumer Product Safety Improvement Act of 2008

On July 21, 2008, the Senate passed the Conference Report for the Consumer Product Safety Improvement Act of 2008 (H.R. 4040 and S. 2663).  The bill has been sent to President Bush who is expected to sign it into law in the upcoming weeks.  The legislation reauthorizes the Consumer Product Safety Commission (“CPSC”) for the first time in 18 years, and aims to improve consumer product safety. 

The new law, which you can read here, will expand the CPSC’s powers and mandate in certain key respects that may be of interest to your business going forward.  Some of the most significant provisions include the following:

• Requires new standards for children’s toys
  
• Requires third-party laboratory testing (and related certification) of certain products for use by, or care of, a child seven or younger that are subject to a consumer product safety standard or rule.
• Permanently bans three types of phthalates in children’s toys and child care items, except for minute amounts, while three other types of phthalates are temporarily banned pending further study.
• Restricts total lead amounts in any part of a children’s product
• Requires new national safety standards for all-terrain vehicles
• Increases protection for whistle-blowers
• Gives the CPSC authority to inspect manufacturers’ proprietary labs
• Increases maximum criminal penalties for violations of the Consumer Product Safety Act (CPSA), the Federal Hazardous Substance Act (FHSA), and the Flammable Fabrics Act (FFA) to $15 million

Given the recency of this new law, its implementation and effects will become increasingly apparent going forward.  Steptoe will keep you apprised of regulatory and other developments. If you have any questions or concerns regarding this new legislation, we will be following it closely and available to assist and advise you.

For additional information, please contact Tom Barba at 202.429.8127 or Emily Cohen at 202.429.6481.