Legislation Approved for Consumer Safety Act

August 25, 2008
SGB Update

The House and Senate have approved legislation on the “Consumer Product Safety Improvement Act of 2008,” the first major consumer product safety legislation passed by Congress in over a decade. Originally passed by the House in a unanimous vote on Dec. 19th and by the Senate in a 79-13 vote on March 6, the bill will further limit the amount of lead and phthalates that can be present in all products for children 12 and under.


“This is a landmark bill in terms of product safety and regulation of consumer products which generally include sporting goods,” said Thomas Cove, president and CEO of the Sporting Goods Manufacturers Association.  “Overall, our guidance to the industry is that this is a very important bill that everybody should be paying attention to.”


Concerning phthalates, which are chemicals mainly used as plasticizers in most synthetic leathers and plastics, the legislation contains an interim ban on children’s toys that can be placed in the mouth and child care articles containing more that 0.1% of any of three types of phthalates. It can also place a permanent ban on any children’s toy or childcare article containing more that 0.1% of these phthalates.  Likewise, after three years, the Consumer Product Safety Commission can make the interim ban permanent and expand it to any children’s products containing phthalates.


Limitations for lead will also drop following the legislation. Effective after 180 days following the enactment, the limit for lead will drop to 600 parts per million. Likewise, the limit will drop to 300 ppm after one year and 100 ppm after three years unless the CPSC determines the 100 ppm standard is not technologically feasible.


Furthermore, the legislation includes a requirement for third-party testing of any product for children twelve and under that is subject to a children’s product safety rule. Other notable aspects of the bill include significant increases in civil and criminal penalties and a mandate that requires products for children ages twelve or under to have recall-facilitating tracking labels that include the location and date of production.


Cove said that the legislation will likely result in a “cost event”-in which manufacturers will have to pay close attention to new requirements and subsequently make changes that could significantly raise their costs.
“Our message to the industry is that [this legislation] is really important…people should understand the nuances of what has changed,” Cove said.  “You need to understand the product, and then you can figure out whether the law applies to you.”


Cove said the SGMA has done extensive research pertaining to the impact this legislation will have on the sporting goods industry. The association will soon announce a date when it will hold a conference call to further inform SGMA members of the impact of the legislation on the sporting goods industry. 


U.S. Senator Mark Pryor (D-Ark), the bill’s primary sponsor, had these comments about the bill.
“I appreciate the commitment to safety every member of the Conference Committee brought to the table. As a result, we have produced a solid, aggressive bill that will keep dangerous products off the shelves,” Pryor said. “This legislation adds new layers of protections for consumers. It boosts resources and authority at the CPSC, improves oversight and disclosure and raises safety standards on the thousands of products entering the marketplace every day.”

Legislation Approved for Consumer Safety Act

SGB Update

The House and Senate have approved legislation on the “Consumer Product Safety Improvement Act of 2008,” the first major consumer product safety legislation passed by Congress in over a decade. Originally passed by the House in a unanimous vote on Dec. 19th and by the Senate in a 79-13 vote on March 6, the bill will further limit the amount of lead and phthalates that can be present in all products for children 12 and under.


“This is a landmark bill in terms of product safety and regulation of consumer products which generally include sporting goods,” said Thomas Cove, president and CEO of the Sporting Goods Manufacturers Association.  “Overall, our guidance to the industry is that this is a very important bill that everybody should be paying attention to.”


Concerning phthalates, which are chemicals mainly used as plasticizers in most synthetic leathers and plastics, the legislation contains an interim ban on children’s toys that can be placed in the mouth and child care articles containing more that 0.1% of any of three types of phthalates. It can also place a permanent ban on any children’s toy or childcare article containing more that 0.1% of these phthalates.  Likewise, after three years, the Consumer Product Safety Commission can make the interim ban permanent and expand it to any children’s products containing phthalates.


Limitations for lead will also drop following the legislation. Effective after 180 days following the enactment, the limit for lead will drop to 600 parts per million. Likewise, the limit will drop to 300 ppm after one year and 100 ppm after three years unless the CPSC determines the 100 ppm standard is not technologically feasible.


Furthermore, the legislation includes a requirement for third-party testing of any product for children twelve and under that is subject to a children’s product safety rule. Other notable aspects of the bill include significant increases in civil and criminal penalties and a mandate that requires products for children ages twelve or under to have recall-facilitating tracking labels that include the location and date of production.


Cove said that the legislation will likely result in a “cost event”-in which manufacturers will have to pay close attention to new requirements and subsequently make changes that could significantly raise their costs.
“Our message to the industry is that [this legislation] is really important…people should understand the nuances of what has changed,” Cove said.  “You need to understand the product, and then you can figure out whether the law applies to you.”


Cove said the SGMA has done extensive research pertaining to the impact this legislation will have on the sporting goods industry. The association will soon announce a date when it will hold a conference call to further inform SGMA members of the impact of the legislation on the sporting goods industry. 


U.S. Senator Mark Pryor (D-Ark), the bill’s primary sponsor, had these comments about the bill.
“I appreciate the commitment to safety every member of the Conference Committee brought to the table. As a result, we have produced a solid, aggressive bill that will keep dangerous products off the shelves,” Pryor said. “This legislation adds new layers of protections for consumers. It boosts resources and authority at the CPSC, improves oversight and disclosure and raises safety standards on the thousands of products entering the marketplace every day.”

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