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Boston partner Jonathan Handler breaks down the impact of new labeling requirements under the Consumer Product Safety Improvement Act of 2008, which is intended to enhance the powers of the Consumer Product Safety Commission to protect American Consumers from unsafe domestic and imported products. One aspect of the law is that children's products bear a permanent mark identifying the manufacturer as well as certain information about the product's creation.
The commission has issued some guidance in an effort to clarify this labeling requirement as well as minimize, to some degree, the onerous effects of such a mandate. Despite the commission's indication that manufacturer's well-documented good-faith efforts to comply will not likely be met with harsh penalties, the consequences of noncompliance in the form of statutory civil and criminal penalties, and required product recalls, could be severe.