1. Definition of “Children’s Product” Jonathan D. Midgett, PhD Office of Hazard Identification and Reduction ICPHSO, Seoul, Republic of Korea November 2011 These comments are those of the CPSC staff, they have not been reviewed or approved by, and may not necessarily reflect, the views of the Commission.

2. Definition of Children’s Product  Children’s Product: “a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:” (Section 3(a)(2) of the Consumer Product Safety Act) 2

3. Factors Considered  A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.  Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years or younger.  Whether the product is commonly recognized by consumers as being intended for use by a child 12 years or younger.  The Age Determination Guidelines issued by the Commission staff in September 2002 and any successor to such guidelines. 3

4. Children’s Product  Applies to those products “for use” by children 12 years or younger  “For use” – means children will physically interact with such products based on reasonably foreseeable use and misuse 4

5. General Use Products  Products that are not marketed or advertised as being intended for use by children 12 years or younger  Products used by children older than 12 years of age or adults 5

6. When General Use Products may become Children’s Products  When products are embellished or decorated with childish themes  When products are sized for children 6

7. General Use Products do not necessarily become a Children’s Product  Based on where the product is sold  Through leasing or rentals to schools  Simply because a child may come into contact with the product 7

8. When Children’s Products may become General Use Products  When a children’s product becomes a collectible  Features of a collectible product: -features that preclude use by children for play -high cost -limited production -not marketed with children’s products 8

9. When Children’s Products may become General Use Products  When certain childish themes become popular with and/or incorporated into products for adults (cups, clothing, etc.) 9

10. Factors: Manufacturer Statements  Labeling must be reasonable  Consider the intended use patterns for the product 10

11. Factors: Marketing  Model name  Photos and illustrations  Instructions and warnings  Cost  Advertising statements  Store placement 11

12. Factors: Consumer Recognition  Commonly recognized by consumers Features and Characteristics of Children’s Products Small sizesDecorative motifs Exaggerated featuresFeatures lacking utility Safety featuresPlay value Colors (childhood) 12

13. Consumer Recognition  All facets of product  Principal uses  Cost  Children’s physical interaction 13

14. Factors: Age Determination Guidelines (2002)  Available online  Used worldwide  Describes children’s interests and abilities 14

15. Changes to the Final Rule  Toys/games Toys/games subject to small parts, use and abuse, sharp points testing must still comply with applicable regulations 15

16. Changes to the Final Rule  Rugs/carpets Rugs and carpets may be general use furnishings, unless decorated or embellished with childish themes 16

17. Changes to the Final Rule  Model Railways and Trains Model Railways and Trains made by model railway manufacturers are included in examples of collectibles 17

18. Changes to the Final Rule  Musical Instruments Electronic, preprogrammed musical instruments are included in the examples of general use musical instruments 18