CPSC staff considers the following factors to determine whether or not a product is considered a children’s product:
- A statement by the manufacturer about the intended use of the product, including a label on the product, if such statement is reasonable
- Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger
- Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger
- The Age Determination Guidelines issued by the Commission staff in January 2020, and any successor to such guidelines
You can learn more about how to classify your product (including an explanation of the differences between a general-use and children’s product) on our children’s product business guidance page.
If your fidget spinner is a general use product, the following requirements may apply:
- Certain products containing loose or separable magnets must comply with 16 C.F.R. part 1262; see our magnet business guidance page for more information.
- Consumer products containing or designed to use button cell or coin batteries must comply with 16 C.F.R. § 1263.3; see our button cell and coin battery business guidance page for more information.
- If the fidget spinner is subject to either of the requirements above, then it is also subject to certification; see our General Certificate of Conformity (GCC) business guidance page for more information.
If your fidget spinner is a children’s product, it is subject to the following requirements, as applicable:
- Lead in paint and similar surface coatings: Children’s products must not bear paint and/or similar surface coatings that contain more than 0.009 percent (90 ppm) lead.
- Total lead content: Children’s products must not contain greater than 100 ppm (0.01 percent) of total lead content in any accessible component part. 16 C.F.R. § 1500.87 addresses determination of accessibility for the purposes of the total lead content regulation.
- Phthalates: Children’s toys and child care articles as defined per 16 C.F.R. § 1307.2 must not contain greater than 0.1 percent (1000 ppm) of any regulated phthalate in any accessible component part. 16 C.F.R. § 1307.3 lists the regulated phthalates, and 16 C.F.R. part 1199 addresses determination of accessibility for the purposes of the phthalate regulation.
- Toy safety: Children’s toys must meet 16 C.F.R. part 1250 which incorporates ASTM F963 by reference. Applicable requirements under ASTM F963 include, but are not limited to, material quality, solubility of certain heavy metals, sharp edges, and sharp points.
- Sections of ASTM F963 address requirements for toys containing magnets (section 4.38) as well as button cell or coin batteries (section 4.25). Children’s toys that are subject to and comply with these sections are subject to 16 C.F.R. part 1250 and not 16 C.F.R. parts 1262 or 1263 referenced above.
- Third-party testing: Children’s products must be tested for compliance to applicable safety regulations by a third-party, CPSC-accepted laboratory.
- Certification: Domestic manufacturers or importers of children’s products must generate a Children’s Product Certificate (CPC) certifying compliance to the applicable safety regulations and ensures that a CPC accompanies the distribution of the product.
- Tracking label: Children’s products must bear distinguishing, permanent marks on the product and any packaging that allow consumers to ascertain the identity of the manufacturer or private labeler, date and place of manufacture, detailed information on the manufacturing process (i.e., batch or run number), and the specific source of the product (e.g., address of the specific manufacturing plant).
If your fidget spinner is subject to a mandatory requirement enforced by CPSC, then it is also subject to the certification requirement. For more information, visit our GCC business guidance page or CPC business guidance page.
Manufacturers, importers, distributors, and retailers of consumer products have a legal obligation to report to the Commission when they receive information which reasonably supports the conclusion that a product:
- Fails to comply with an applicable consumer product safety rule;
- Fails to comply with any other rule, regulation, standard, or ban under the Consumer Product Safety Act or any other Act enforced by the Commission;
- Contains a defect which could create a substantial product hazard; or
- Creates an unreasonable risk of serious injury or death.
For more information, visit our reporting guidance page.