< Back to Main News Page


CPSC Vote on CPSIA-Tracking Labels-Update
May 15, 2009

The two Commissioners of the Consumer Product Safety Commission were not able to reach agreement on a request for an emergency stay of enforcement of the Consumer Product Safety Improvement Act of 2008 (CPSIA1) “tracking label” requirement for children’s products2 which is due to take effect August 1, 2009.

(In March 2009, the National Association of Manufacturers’ CPSC Coalition asked the CPSC to stay enforcement of the CPSIA children’s product tracking label provision for a full year, until August 14, 2010, in order to allow sufficient time to develop “clear and understandable” rules and provide CPSC, industry, and other stakeholders time to work together to develop an orderly approach to this new requirement.)

Commission Tie Vote, No Decision Reached

According to the CPSC, Acting Chairman Nord voted to grant the request for an emergency stay for tracking labels, while Commissioner Moore voted to deny it. As a result, no decision on the stay was reached.

With No Decision, Tracking Label Requirement Due to Take Effect August 14th

As no decision has been reached, the CPSIA tracking label requirement for children’s products is still due to take effect for products manufactured after August 14, 2009. Specifically, manufacturers will need to place permanent distinguishing marks on children’s products and their packaging, to the extent practicable, that would enable the manufacturer and ultimate purchaser to ascertain: (i) the manufacturer or private labeler; (ii) location and date of production; (iii) cohort information (including batch, run number, or other identifying characteristic); (iv) etc.

CPSC Has Stated Labeling Requirement Would Apply to All Children’s Products

CPSC has previously stated that the scope of this tracking label requirement is quite broad in that it applies to all children’s products (for children 12 and younger) including, but not limited to, items such as clothing or shoes, not just toys and other regulated products. CPSC has also stated that this requirement is intended to assist in the event of a recall.