How to Determine a Children’s Product

Haley Will and Jennifer BuonicontiUL / PPAI Product Safety Consultants

This information is being furnished by PPAI for educational and informational purposes only. The Association makes no

warranties or representations about specific dates, coverage or application. Consult with appropriate legal counsel about the specific application of the law to your

business and products.

Concerns from the Promotional Product Industry

Products are often intended for use by adults, given out at trade

shows and workplaces, but end up in the hands of children.

How to determine whether a product is a general consumer

product or a children’s product?

Who bears the responsibility for determining if a product is a

children’s product?

CPSC Guidance

CPSC issued Final Interpretation of a Children’s Product, nowcodified in 16 CFR 1200

Designed or intended primarily applies to those productsdesigned and commonly recognized as intended for use bychildren 12 years of age or younger.

For use means that children will physical interact with suchproducts based on the reasonably foreseeable use of suchproduct.

CPSIA Factors for Children’s Product

1) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.

2) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.

3) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

4) The Age Determination Guidelines issued by the Commission staff (http://www.cpsc.gov/BUSINFO/adg.pdf)

Manufacturer’s Statement

Should be reasonably consistent with the expected use pattern

of the product.

A manufacturer’s statement that the product is not intended for

children does not preclude a product from being a children’s

product IF consumers would commonly use that product for

children 12 years of age or younger.

Product Presentation

Factors to consider:•Packaging, display, promotion or advertising•Express or implied representations•Text, illustration, photographs depicting consumers using the product in instructions, assembly manuals or advertising media•Physical location in a retail store or visual associations in the pages of a website

Combination Products

Manufacturers sometimes combine several different toys in a

single product. Items packaged may be intended for different

age groups.

Each individual product should meet the applicable regulation

for the individual products in the group.

Commonly Recognized by Consumers

Children’s product factors:

Small sizes

Exaggerated features

Safety features

Colors

Decorative motifs

Decorative features

Play value

Principle Affordance

Analysis of what a product does, even if what the product does is unintended.

Sorting through the mixed messages presented by a complex product and giving precedent to the product’s obvious features over hidden ones is appropriate and necessary.

Cost Considerations

Cost should be considered when evaluating whether a

consumer product is primarily intended for children or

adults.

Very expensive items are less likely to be given to children

because children are often less careful with their

belongings than adults.

CPSC has not specified a price point where any given

product achieves automatic adult status.

Children’s Interaction

Foreseeable use or misuse of the product by a child must

be evaluated.

Most products intended for children will involve the child

having physical interaction with the product.

Children’s Interaction

There are few products for use in a child’s environment, but are

not for use by the child.

Such products may include a nursery themed lamp, clock or

decorations that are made for use in the child’s room, but are not

operated or handled by the child.

These types of products are considered to be home furnishings

or decorations primarily intended for use by adults

Children’s Interaction

Home furnishings and decorations that incorporate

elements that have play value, should be evaluated.

Example: Space Ship Night Light

Children’s Interaction

Intended for use by adults or caregivers with children, not

considered children’s product.

Child has little or no interaction with product.

Age Determination Guidelines

Guidelines found at (http://www.cpsc.gov/businfo/adg.pdf)

Appeal of product for different age groups

Capabilities of various age groups

Other Factors to Consider

Size and Shape Materials UsedNumber of PartsMotor Skills RequiredClassic ProductColorsCause & EffectSensory ElementsLevel of Realism/DetailLicensing/Theme

Size and Shape

Dimensions

Ability to use properly

Materials Used

Soft plastic, foam, plush, wood

Metal, glass, ceramic

Cause & Effect

Product response - lights, sounds, movement

Number of Parts

Physical ability

Cognitive ability

Motor Skills Required

Fine motor skills

Gross motor skills

Classic Product

Maintain appeal over generations

Colors

Bright primary colors

Natural or dull colors

Sensory Elements

Appeal to any of the five senses

Lights, sounds, texture, smell, taste

Level of Realism / Detail

Cartoonish versus real appearance

Child versus adult qualities

Licensing / Theme

Ties to outside influences, primarily media, contain a

licensing characteristic

Challenging Product Categories

Furnishings and FixturesCollectiblesJewelryDVDs, Video Games and ComputersArt MaterialsBooksScience EquipmentSporting Goods and Recreational EquipmentMusical InstrumentsPens

Furnishings and Fixtures

Intended for adult use in the child’s room or classroom,

considered general use products not children’s products.

Examples: lamps, shelves, tissue boxes etc.

Intended for use by the child are considered children’s products.

Examples: small bunk beds, small bean bag chairs, bath seats,

child size chairs etc.

Collectibles

How to differentiate adult collectibles versus children’scollectibles?

Adult collectibles are intended solely for use by adults asdisplay items and are often labeled in such a manner.

Usually expensive, limited production and have displayfeatures like hooks or pedestals.

Collectibles

Example:

Collectible dolls usually have highly detailed and fragile

accessories, display cases, platforms to pose and hold the doll

and very high costs.

Dolls intended for children are more affordable and have more

simply accessories that children can handle with out damage to

the product.

Jewelry

One or more of the following characteristics of jewelry couldcause an item to be considered primarily a children’s product:

• Size

• Cost

• Marketing

• Play Value

• Childish Themes

• Sale at educational or entertainment event

• Sale in vending machine

• Appearance

DVDs, Video Games and Computers

Major consideration is child interaction with product

Video games consoles typically considered general use product

Art Materials

Crayons, finger paints, modeling dough, temporary tattoos –

children’s product

More complex craft kits may be considered general use product

Books

Children’s books have themes, vocabularies, illustrations, and

covers that match the interest and cognitive capabilities of

children 12 years of age or younger.

Some children’s books have a wide appear to the general

public.

Science Equipment

Includes items such as microscopes and telescopes

Generally not considered children’s products

Simplistic or toy versions are children’s products

Sporting Goods & Recreational Equipment

Regulation-size sporting equipment are general use items, even thoughsome children 12 years of age or younger will use them.

Recreational equipment are considered general use items, unless theyare sized to fit children 12 years of age or younger and/or decoratedwith child-like features.

Items become children’s products when they are sized to fit children ordecorated with childish features.

Musical Instruments

Musical Instruments intended for children can be distinguished from

adult instruments by their size and marketing themes.

Instruments that may be used by an adult, as well as a child, are

considered general use items.

Instruments sized for children, greatly simplified, and/or have childish

themes or decorations intended to attract children would be considered

children’s product.

Pens

Most pens or other office supplies are not considered children’s products.

When a general use product, such as a pen, has childish themes or play value, it may be converted into a children’s product due to these additional features

CPSIA Requirements for Children’s Products

Lead in paint

Lead content (accessible substrate materials)

Tracking label provision

Third party testing

If a toy, additional requirements apply:

ASTM F963

Phthalates ban

CPSC Interpretative Rule for Children’s Products

Is item intended primarily for use by children?

Does child physically interact with product?

Is product as likely to be used by general public as by children

alone?

What is item’s principal affordance?

• PPAI: www.ppai.org• Product Safety powered by PPAI: http://www.ppai.org/inside-

ppai/product-safety/• Consumer Product Safety Commission: www.cpsc.gov,

www.recalls.gov • UL: www.ul.com or Haley.Will@ul.com• Questions? AnneL@ppai.org

Product Safety Resources

Thank you!

Questions?