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CPSC Sporting Goods Statement and Comment Submission Information

Below please find the new CPSC statement on the applicability of the new law to sporting goods:
 
CPSC statement on Sporting Goods and Phthalates ban on toys.
 
Q: Does the prohibition on phthalates apply to sporting goods?

A: The category of products known as "sporting goods" can include toys but not all sporting goods are toys. Indeed, the ASTM F963 toy safety standard, which will also becomes a mandatory consumer product safety standard, does not define sporting goods equipment to be a toy unless the product is a toy version of sporting goods equipment. However, "children’s toy" in section 108 of the CPSIA is defined broadly as a "consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays." Therefore, any determination as to whether a particular sporting goods product would be a toy as defined under section 108, and therefore, subject to the ban on phthalates, would be made on a case by case basis after consideration of the following factors:

• A statement by the manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
• Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by of the ages specified.
• Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified.
• The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. 

In light of this statement, the industry needs to communicate its concerns directly with CPSC General Counsel, Cheryl Falvey.  SGMA strongly suggests you submit comments to General Counsel Falvey by November 10.
 
Please submit comments directly to General Counsel Falvey at http://www.cpsc.gov/cgibin/cfalvey.aspx
 
It is important that you provide information specific to your concerns and product, especially the intended use of your product (i.e. equipment used to participate in sports or physical activity).  It is equally important to include comments that apply to the entire sporting goods industry, to make it clear the new definition creates severe problems for the broad range of products made by the industry.  Please incorporate these points in your message to CPSC. 

The most recent statement CPSC released on the prohibition on phthalates with respect to sporting goods:
 

1.) Is ambiguous and does not provide certainty as to how a sporting goods product will be treated with respect to the phthalates ban.

• Determining applicability of Phthalates ban on a case-by-case basis creates greater uncertainty.
• Section 108 and ASTM F963 are not consistent on product definition and can be interpreted differently for similar products, creating more confusion.  

2.) Defines 'play' too broadly.  The one-size-fits-all definition treats equipment needed to participate in sports and toys similarly. 

• Children 6 and over use sporting goods when participating in sports.   
• Imitation sporting goods used by young children (under 6) to 'pretend play' sports are toys.

The industry needs to focus on lack of guidance and the uncertainty the sporting goods statement creates for the industry.  We also must make a distinction between 'playing' with a toy and 'participating' in sports.  The law, especially the phthalates and lead sections, was drafted in response to health issues associated with 'toys' and 'child care products'.  Sporting goods while "consumer products designed...for use by children 12 and under when they 'play' ", were not the impetus for the phthalate and lead bans.   The broad definition of 'play' has lumped sporting goods products in with toys.  The industry needs to effectively make a compelling case on the difference between 'toys' and how children 'play' with them and the intended use of sporting goods.
 
Comments submitted to General Counsel Falvey will be very helpful as we work with CPSC to address industry concerns.  SGMA looks forward to working with the industry and CPSC on this issue.

On a related matter SGMA thought it would be helpful to provide a link to the sample 'General Conformity Certificate' on the CPSC site. This sample document also includes answers to FAQs at the bottom. To view this document click here. 

If you have any additional CPSC questions and/or concerns, please feel to contact me at bsells@sgma.com or 202.349.9417.