Background
The Consumer Product Safety Improvement Act (CPSIA), enacted in 2008, and the Flammable Fabrics Act (FFA), enacted in 1953, are cornerstone U.S. regulations in full force today. These laws are designed to protect consumers from hazards associated with chemical exposure and flammable materials. They serve as critical benchmarks for manufacturers, importers, and retailers to ensure product safety, maintain public trust, and avoid significant penalties.
Recent updates to testing standards and certification requirements under these laws have further underscored the importance of strict compliance to meet evolving safety and regulatory expectations. The full range of products regulated by the CPSC can be found here: Regulations, Mandatory Standards and Bans.
Requirements
Both CPSIA and FFA compliance necessitate proper documentation and availability of certificates (CPC or GCC) for distributors, retailers, and CPSC inspections.
CPSIA
CPSIA focuses on minimizing chemical hazards, particularly for children’s products. Key requirements include:
- Lead Content Limits: Maximum of 100 ppm in accessible substrates and 90 ppm in surface coatings for children’s products.
- Phthalates Restrictions: Restricted to 0.1% in toys and child care items.
- Mandatory Testing: Children’s products must be tested by by a CPSC-accepted testing laboratories to ensure compliance.
- Possess a Children’s Product Certificate (CPC) that provides evidence of the product’s compliance. More information and an example of a CPC can be found here.
- Have a label with tracking information attached to the product and its packaging for children.
Flammable Fabrics Act (FFA)
The FFA regulates the flammability of textiles used in products, requiring:
- Flammability Testing: All textiles must meet CPSC flammability standards.
- General Certificate of Conformity (GCC): Required for non-children’s products to certify adherence to FFA standards. More information and an example of a GCC can be found here.
Consequences
Failing to meet CPSIA or FFA requirements can result in severe repercussions, including:
- Financial Penalties:
- Fines of up to $100,000 per violation or $15 million for a series of violations.
- Product Recalls:
- Non-compliant products may be subject to recalls, which can harm brand reputation and incur significant financial losses.
- Legal and Operational Risks:
- Businesses may face litigation, supply chain disruptions, and damage to customer trust.
Risk Mitigation
In addition to meeting the legal requirements, you as a manufacturer or importer of apparel into the US should take additional steps to ensure that your products are as safe as possible.The following actions are recommended by the CPSC:
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Construct a safe supply chain by assessing it in its entirety and take affirmative steps to ensure compliance. This is something that TrusTrace can help you with. Contact us for more information.
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Stay updated regarding regulations, legal responsibilities and the business environment
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Be prepared with a recall plan in place
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Document your compliance, ready to present to CPSC
Timeline
Recent regulatory updates have tightened compliance standards:
- CPSIA:
- In January 2024, the CPSC approved ASTM F963-23, revising safety standards for toys. Effective April 20, 2024, these updates include new requirements for battery accessibility and sound levels in toys.
- FFA:
- While the FFA itself has not seen significant amendments, the CPSC regularly updates related testing methods to reflect new safety concerns and advancements in textile production.
CONCLUSION
Adhering to CPSIA and FFA regulations is critical for ensuring consumer safety and maintaining compliance in a dynamic regulatory landscape. Businesses must proactively align their operations with updated standards to avoid penalties and enhance consumer trust. By implementing robust risk mitigation strategies and staying informed about regulatory changes, organizations can safeguard their reputation and ensure long-term success in the marketplace.
About TrusTrace
TrusTrace offers a market-leading platform for supply chain traceability and compliance that enables brands and suppliers around the world to standardize how supply chain and material traceability data is captured, digitized and shared.
Through its AI-enhanced platform, TrusTrace empowers brands to gather and validate primary data from their supply chains, so they can know, prove and improve their impact. The data can be used for risk management, compliance, product claims, footprint calculations, the ability to confidently and easily share data about product origin and impact, and much more.
TrusTrace is leading global-scale traceability programs for many of the world’s largest and most ambitious brands and is called out as a Top Innovator for supporting the Sustainable Development Goals (SDGs) by the World Economic Forum. The company is headquartered in Stockholm, Sweden, with offices in India, France, Germany and the US.
