The Consumer Product Safety Improvement Act (CPSIA) limits lead levels in children’s products to no more than 100 parts per million (ppm) unless the Consumer Product Safety Commission (CPSC) determines this limit is unfeasible.
The CPSC has sought information to determine the technological feasibility of the 100 ppm limit. It published a note in the Federal Register in July 2010 inviting comment and information on the issue. After considering the information it received, the CPSC held a public hearing in February 2011 to receive views about the technological feasibility of the lead content limit and the public health concerns. It reopened the hearing record in March to allow hearing participants to submit relevant studies and data in response to commissioners’ questions.
The promotional products industry submitted comments on the ruling, expressing concern about the limit’s impact on the cost of promotional products. The comments stated that “in some cases, the incremental cost of compliance with the lower limit could result in an increase in promotional product costs from about $1 to $13, and that this could result in some companies closing.” And while CPSC staff agreed that this may be true, CPSIA regulations require the reduction without regard to this impact.
Following this review process, the CPSC has chosen to go ahead with the 100 ppm lead limit for products in which the limit has been determined technologically feasible. The law takes effect August 14, 2011, and is retroactively applicable, meaning it will also apply to children’s products already produced.