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Consumer Product Safety Improvement Act

Published September 11, 2009

Restricted Substances Overview

Signed into law on August 14, 2008, the Consumer Product Safety Improvement Act of 2008 ("CPSIA") imposes new requirements on a wide range of consumer products and amends several existing standards.  Some of the more significant provisions include restrictions on lead and phthalates in children's products, testing and certification obligations for all consumer products subject to a safety standard, and labeling requirements for certain children's products and advertisements.  The CPSIA also makes portions of the ASTM F963 Toy Safety Specification mandatory in the United States, such as limits on the use of heavy metals in paint or surface coatings on toys, including antimony, arsenic, barium, cadmium, chromium, lead, mercury, and selenium.  More generally, the CPSIA increases funding to the Consumer Product Safety Commission ("CPSC"), authorizes studies on consumer product safety, establishes a publicly-available consumer product safety database, increases civil penalties for violations of consumer product safety laws, protecting whistleblowers, and expands the CPSC's recall authority as well as the ability of state attorneys general to enforce the statute.

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