Brief Summary

Section 103(a) of the new law requires manufacturers to have a tracking label or other distinguishing permanent mark on any consumer product primarily intended for children twelve and younger. The tracking label must contain certain basic information, including the source of the product, the date of manufacture and more detailed information on the manufacturing process such as a batch or run number. The scope of this provision is quite broad in that it applies to all children’s products, including, but not limited to, items such as clothing or shoes not just toys and other regulated products. Congress modified the requirement for tracking labels with the phrase “to the extent practicable” recognizing that it may not be practical for permanent distinguishing marks to be printed on small toys and other small products that are manufactured and shipped without individual packaging.

The Commission has the authority to issue a rule further defining the detail required in the tracking labels. Moreover, the Commission also has the ability to require in the future that the additional information contained on tracking labels for children’s products be expanded to cover all consumer products.

Section 103(c) of the new law also addresses the types of claims a manufacturer can make regarding its compliance with mandatory or voluntary safety rules. After October 12, 2008, no product packaging, advertisements or labels can refer to any safety standard unless the product complies with that standard.

Effective Date: The requirement for tracking labels is effective one year after the date of enactment or August 14, 2009. The requirements prohibiting advertising claims are effective 60 days after enactment or October 13, 2008.