CPSC Issues Strict Limits on Lead Content in Children’s Toys

By Mike Rozembajgier

New rules issued by the Consumer Product Safety Commission (CPSC) seek to eliminate lead content from toys intended for children 12 and under.

By a 3-2 vote the Commission decided that children’s toys sold in the U.S. must be 99.99 percent lead free. U.S. regulations on lead content in children’s toys were already among the toughest in the world, at 99.97 percent. While the new rules eliminate just a small fraction of lead content, the repercussions for recall management could be significant.

The CPSC’s ruling comes as a result of the Consumer Product Safety Improvement Act (CPSIA), passed in 2008, largely in response to the importation of toys high in lead content from China. The legislation gave the CPSC the authority to decide whether a 99.99 percent ban on lead content was a necessary precaution. While many applaud the new rules, others argue that they will add unnecessary costs to businesses that are already complying with some of the toughest standards in the world.

In statement, CPSC Chairman Inez M. Tenenbaum said “even exposure to small amounts [of lead] can lead to irreversible IQ loss and behavioral problems in young children.” Tenenbaum went on to note that “Despite this widely known fact…the agency found itself conducting recall after recall to try to pull back from the market…products with lead far in excess of allowable limits.”

In a separate statement, CPSC Commissioner Nancy Nord argued that the strict regulations would result in increased consumer costs while putting unnecessary constraints on businesses. “Businesses told us that they aren’t sure they can get the materials to make products to this onerous new standard,” Nord said. “They said, if they can even find a way, it is going to be much more expensive, and their products will be less useful and often less durable.”

According to a CPSC press release announcing the lower limits, “there was insufficient evidence…that manufacturers could not meet a total lead content limit of 100 parts per million for a product of product category.” As of August 14^th, 2011, all manufacturers, importers, retailers and distributors of children’s toys are expected to comply with the new federal standard.

With so little time before the new regulations take effect, retailers will have to act swiftly to remove from their shelves any products that exceed the 0.01 percent lead content level. It is crucial that businesses develop a comprehensive strategy to ensure that all stages of their product supply chains will be capable of meeting the new standards, and to have a recall management plan ready in the event that they are not.

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