Selling Toys in the U.S.? Everything You Need to Know About CPSC Compliance

What are the CPSC regulations regarding phthalates in children’s toys?

Congress and the CPSC strictly limit eight specific types of phthalates (which are chemicals used to make plastics softer and more flexible) to no more than 0.1% in plasticized components of children's toys and childcare products. However, third-party laboratory testing for phthalates is not required if the product is made exclusively from certain specified materials, including seven specific plastics (such as polypropylene and polyethylene), engineered wood, or untreated natural and synthetic fibers like polyester, nylon, or latex. If you rely on one of these material exemptions, you must cite the specific regulation in Section 6 of your Children’s Product Certificate (CPC) instead of listing a lab test result.

How do small parts rules apply to toys intended for different age groups?

For products intended for children under three years old, small parts that pose a choking hazard are strictly banned, and items must pass rigorous use-and-abuse testing at a CPSC-accepted laboratory. For products intended for children ages three to six, small parts are allowed, but the product must feature a prominent cautionary warning label on its packaging to alert parents about potential choking risks. If a part fits completely into the CPSC's standard small parts test cylinder without being compressed, it is considered a small part under these federal safety standards.

What is the ASTM F963 Toy Safety Standard and who needs to comply?

All children's toys sold in the United States must comply with the mandatory U.S. Toy Standard, ASTM F963, which includes strict limitations on heavy elements in accessible toy materials. Third-party testing at a CPSC-accepted laboratory is generally required to verify compliance with these heavy metal standards. Similar to phthalates rules, complete exemptions from heavy elements testing apply if the toy is made entirely of untreated wood, engineered wood products, or specified untreated synthetic and natural fibers, which must then be documented accordingly in your CPC.

What testing relief is available for registered Small Batch Manufacturers?

Registered Small Batch Manufacturers can receive relief from certain third-party testing costs on a product-by-product basis, provided they earned $1,436,864 or less in gross revenue from consumer products in the previous calendar year and produced no more than 7,500 units of the covered item. Safety rules are split into "Group A" and "Group B" requirements; while "Group A" rules still require third-party laboratory testing regardless of business size, "Group B" rules allow small batch businesses to certify compliance using supplier test reports, alternative labs, or qualified internal testing as long as proper written records are maintained.

What are the key requirements for issuing and filing a Children’s Product Certificate?

A Children’s Product Certificate (CPC) is a self-issued document created by the manufacturer or importer that details all applicable safety citations and states the basis for certification, which is usually a test report from a CPSC-accepted laboratory or an official material exemption. CPCs do not need prior CPSC approval, but domestic manufacturers must provide them to distributors and retailers either physically or via an electronic link on their invoices. Importers of children's products must electronically file (eFile) their certificate data directly into U.S. Customs and Border Protection's ACE system at the time of entry starting in July 2026.

When are product safety issues subject to mandatory reporting?

Under Section 15 of the Consumer Product Safety Act, manufacturers, importers, and distributors have a strict legal duty to report to the CPSC immediately (typically within 24 hours) if they obtain information indicating that a product fails to comply with a safety rule, contains a defect that poses a hazard, or creates an unreasonable risk of serious injury or death. Reports can be submitted electronically through the CPSC's saferproducts.gov portal, and failure to report known safety hazards in a timely manner can lead to substantial civil penalties.

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