CPSC Delays Enforcement Of Lead And Phthalate Testing And Certification Requirements

Article by Paul S. Rosenlund , Robert B. Hopkins , Andrew E. Mishkin , Sharon L. Caffrey and Karen Shichman Crawford

In a move that took many by surprise, the U.S. Consumer Product Safety Commission (the "CPSC") voted on January 30, 2009, to issue a one-year stay of enforcement for lead and phthalate testing and certification requirements for manufacturers and importers of regulated products that were imposed by the Consumer Product Safety Improvement Act ("CPSIA"). The CPSC made this move less than two weeks before the new lead and phthalates limits in children's products are scheduled to become effective on February 10, 2009. In recent weeks, the CPSC has been deluged with petitions from a wide-ranging variety of groups that highlighted the need for more guidance. The CPSC's decision may not cure all of the compliance problems associated with the CPSIA, but it is likely to provide breathing room that should provide for more orderly implementation.