How to Determine a Children’s Product Haley Will and Jennifer Buoniconti UL / PPAI Product Safety Consultants

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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, now codified in 16 CFR 1200 Designed or intended primarily applies to those products designed and commonly recognized as intended for use by children 12 years of age or younger. For use means that children will physical interact with such products based on the reasonably foreseeable use of such product.

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 (

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 ( Appeal of product for different age groups Capabilities of various age groups

Other Factors to Consider Size and Shape Materials Used Number of Parts Motor Skills Required Classic Product Colors Cause & Effect Sensory Elements Level of Realism/Detail Licensing/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 Fixtures Collectibles Jewelry DVDs, Video Games and Computers Art Materials Books Science Equipment Sporting Goods and Recreational Equipment Musical Instruments Pens

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’s collectibles? Adult collectibles are intended solely for use by adults as display items and are often labeled in such a manner. Usually expensive, limited production and have display features 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 could cause 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 though some children 12 years of age or younger will use them. Recreational equipment are considered general use items, unless they are sized to fit children 12 years of age or younger and/or decorated with child-like features. Items become children’s products when they are sized to fit children or decorated 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?

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