Will there be a petition process to extend the grace period for catalogues and other printed materials to comply with the requirements of section 105 of the CPSIA?

No. Section 105 of the CPSIA provides that the Commission may provide a grace period of no more than 180 days, or until August 9, 2009, for catalogues and other printed material printed prior to February 10, 2009, during which time distribution of such catalogues and other printed materials will not be a violation of the standard.

A proposed rule on the section 105 advertising requirements was published in the Federal Register on October 6. The Federal Register notice states that the Commission preliminarily finds that a grace period of 180 days is warranted. Please note that this is a proposed rule. The requirements of the final rule may differ from those of the proposal. Comments on the proposed rule are due to the Commission by October 20, 2008.

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What warnings are required to be posted on a company Internet website, and for which toys?

Section 24(a) of the Federal Hazardous Substances Act (FHSA) prescribes cautionary labeling requirements on the packaging of toys or games intended for use by children from 3 to 6 years old containing small parts. Section 24(b) of the FHSA prescribes cautionary labeling requirements on the packaging for balloons, small balls, and marbles intended for children 3 years and older, or the packaging of any toy or game which contains such a balloon, small ball, or marble (See sections 24(a) and (b) of the FHSA and 16 CFR 1500.19 for the precise labeling requirements).

The CPSIA amends section 24 of the FHSA to require that advertising of products whose packaging requires a cautionary statement must bear the same cautionary statement, if that advertising provides a direct means for purchase or order of the product. Thus, if a cautionary statement is required on a product's packaging under section 24(a) or (b) of the FHSA, a cautionary statement is required in advertising (such as internet advertising) for that product that provides a direct means for purchase or order of the product.

The Commission has issued a proposed rule which gives more details on the size and placement of the cautionary statements in advertising. Please note that this proposed rule is subject to change before it becomes final. Comments on the proposed rule are due to the Commission by October 20, 2008.