Children's Products and Safety

When parents buy clothes, toys, and other products for their kids, they expect them to be safe. Children’s products shouldn’t put children at risk of injury or illness. Children’s products require mandatory testing to meet strict federal safety standards. If unsafe products injure a child, the family can file a product liability claim against the manufacturer for damages.

There are federal and state consumer child safety standards. To understand your product and safety requirements, talk to a local product liability lawyer for advice.

Children’s Products Requiring Safety Standards

Children’s products are consumer products designed or intended for children aged 12 and younger. Children’s products generally have higher safety standards than general-use products. Children’s products should be safe for them to use as intended. Examples of children’s products include:

• Children’s toys
• Car seats
• Cribs and bassinets
• Strollers
• High chairs

Common Hazards in Children’s Products

Common children’s products have many possible dangers. The dangers can depend on the type of product and the child’s age. Safety standards are generally more strict for smaller children. Common hazards in typical children’s products include:

• Small parts that present a choking hazard
• Sleeping products that can suffocate a child
• Toxic substances (lead, mercury, or phthalates)
• High flammability risk materials
• Exposed wires and electricity risks
• Sharp points and sharp edges

You can search SaferProducts.gov to find product safety reports and product recalls. You can search for recalled products and find out how to get a repair, replacement, or refund.

Children’s Product Safety Regulations and Standards

Products sold in America must meet basic safety standards. Different regulatory agencies and groups set child product safety standards. Federal regulators set national standards, and state agencies can have more strict rules for products sold in the state. Private or third-party companies also certify that products meet their own standards.

Parents should keep in mind that some counterfeit products appear safe but don’t meet the standards. Fake children’s products can show safety certificates without testing. They may have dangerous levels of lead or small parts that young children could swallow.

Federal Regulatory Agencies

The U.S. Consumer Product Safety Commission (CPSC) regulates most children’s products for safety and compliance. Congress created the CPSC with the Consumer Product Safety Act (CPSA) of 1972. The federal agency has product safety rules manufacturers must follow to be able to market and sell children’s products in the U.S.

The Consumer Product Safety Improvement Act (CPSIA) updated safety regulations. The CPSIA requires all products sold to children 12 years of age or younger to undergo mandatory lab testing.

Manufacturers must certify their products comply with children’s product safety rules. Imported products must carry a Children’s Product Certificate (CPC). The CPSIA tracking label provides important safety information about the product, including:

• Product identification
• Product safety rule citation
• Domestic importer
• Product manufacturer
• Date and place of manufacture
• Qualifying testing lab and testing date

State Consumer Protection Laws

Some state consumer protection laws are stronger than federal laws. States like California and New York often have stronger consumer protections than other states. Companies selling products in these states have to follow both state and federal regulations. Check with your local product liability laws to understand your state protections.

Third-Party Safety Standards

Other third-party companies also certify that a product meets their requirements. The most common industry standard company is ASTM. ASTM develops international standards for a variety of products and materials.

ASTM has child product safety standards that are regularly reviewed and updated. New products get tested for compliance by third-parties to make sure they meet the safety requirements. For example, ASTM F963 is the consumer product safety standard for children’s toys.

Liability for Injuries Caused by Unsafe Products

Manufacturers are responsible for injuries caused by defective products. Injury victims can file a product liability claim against the maker, distributor, and retailer. Product liability claims include three types of product defects:

• Design defects
• Manufacturing defects
• Defective warning labels

In a design defect, flaws in the design can make it unreasonably dangerous for the average consumer. Alternative designs can often make the product safer while working just as well. Manufacturers are responsible for putting these dangerous products into the hands of children. The companies are responsible for making sure they are reasonably safe.

What To Do if a Child Is Harmed by a Product

If a dangerous product causes your child’s injuries, get medical attention immediately. Some injuries may not appear serious at first but can get worse over time. Have a medical professional evaluate the injuries to reduce the risk of long-term harm.

After getting care, gather evidence of the accident. Keep the defective product and take pictures and video for evidence. Get contact information for anyone who witnessed the accident. Write down your account of what happened, with as many details as possible.

Contact a product liability lawyer to discuss your legal options. Your lawyer can give you a case evaluation and help you get compensation for your losses.

Reporting Unsafe Products

You can report unsafe products at SaferProducts.gov. This is the CPSC site for reporting and searching for unsafe children’s products. Report an unsafe incident online to alert the CPSC about the dangerous product.

Report what happened, including how, when, and whether there were any injuries. Give information about the product, including the brand, manufacturer, and manufacturing information. Take photos of the product and keep any packaging you still have.

You can include your name with the report to publish the safety issue. Your name, address, and contact information will not appear online. But you need to provide your personal information so that CPSC can publish the report. You can also give your permission to share the report with the manufacturer.

Seeking Legal Compensation for Child Product Injuries

Parents can take legal action when a dangerous product injures their child. A product liability claim is a lawsuit to get compensation for your losses. Your lawyer can file a product liability claim against the manufacturer or retailer for damages. Compensation in a child product injury claim can include:

• Medical bills
• Lost income
• Pain and suffering
• Property damage

To find out about your legal options after a child product injury, talk to a local product liability lawyer.