CSPC DECIDES LOWER LEAD LEVELS ARE TECHNOLOGICALLY FEASIBLE

In a 3-2 vote along party lines on July 13, 2011, the U.S. Consumer Products Safety Commission (“CSPC”) decided that the maximum amount of lead allowed in toys and other children’s products is now officially 100 parts per million (“ppm”). As discussed in the June 27, 2011 blog post, the Consumer Product Safety Improvement Act (“CPSIA”) provides that, as of August 14, 2011, children’s products may not contain more than 100 ppm of lead unless the CPSC decides that such a limit is not technologically feasible. The CSPC determined that it was technologically feasible to meet this lower limit, which is one of the lowest in the world.

The new standard will take effect August 14, 2011. However, the way the law was written, the lowered limit is retroactive. Currently there is legislation under consideration in the U.S. House of Representatives that may eliminate the retroactivity requirement.

For more information, please see our earlier blog posts or contact us if you have any questions.

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