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An Analysis of the Consumer Product Safety Improvement Act of 2008

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Home Perspectives An Analysis of the Consumer Product Safety Improvement Act of 2008

The Act is particularly relevant as it covers, includes or updates:

  • The ban on the use of lead in children’s products, and mandatory third-party testing of imported children’s products
  • Restrictions on Phthalates in Children’s Toys and Child Care Articles
  • Greater access for the public to information trolled by plaintiff’s lawyers
  • All-Terrain Vehicle standards
  • Increased resources for the testing and inspection of products, including those coming into our nation’s ports. 

Summary

On August 14, 2008, President Bush signed legislation amending the Consumer Product Safety Act (15 U.S.C. § 2051 et. seq.) to overhaul the Consumer Product Safety Commission (“CPSC”) and address product safety concerns.  Public Law 110-314.  The Consumer Product Safety Improvement Act of 2008 (“the Act”) was introduced in Congress in response to a number of high profile recalls of imported consumer products, especially children’s toys, as well as complaints that the CPSC was inadequately staffed and funded to enforce existing consumer product safety laws.  In response, members of the House of Representatives and Senate held hearings, appropriated additional funds for the increased testing and inspection of products coming into our nation’s ports, and introduced separate versions of this comprehensive legislation, one in the House and one in the Senate.  These efforts were first discussed in the Winter 2008 issue of Reed Smith’s Federal Forecaster (Vol. IV, No. 1), available at /_db/_documents/0802fedfor.pdf.   Both the House and the Senate overwhelmingly passed their separate versions of this legislation and have reconciled the differences in conference.  The purpose of this update is to advise Reed Smith clients about key provisions of the Act and how these provisions will affect the manufacture, import and sale of consumer products in the United States.  Seven subject areas are covered: 

  • Restrictions on the Manufacture, Import, and Sale of Children’s Products
  • Greater Transparency, Public Disclosure and Identification of all in the Supply Chain
  • Increased Penalties, Restrictions and Greater Enforcement of Existing Laws
  • Enhanced Recall Authority
  • Preemption
  • All-Terrain Vehicle Standards
  • Increased Resources for the Consumer Product Safety Commission

Download the .PDF to learn more.