On April 20, 2010, the CPSC issued a proposed rule that would interpret the term “children’s product” under the CPSA, as amended by the CPSIA. Section 3(a)(2) of the CPSA defines a “children’s product” as “a consumer product designed or intended primarily for children 12 years of age or younger.” The proposed rule provides additional guidance on factors that must be considered when evaluating what constitutes a children’s product, including: (1) the manufacturer’s statement; (2) the product presentation; (3) whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger and (4) the Age Determination Guidelines issued by the CPSC staff in 2002.

CPSC is seeking comments on the proposed rule, on how manufacturers generally determine the age of the consumers for whom their products are primarily intended, and on what other criteria, if any, should be considered in determining whether a consumer product is a children’s product. Comments must be received on or before June 21, 2010.