New Consumer Protections Issued to Protect Children

Manufacturers and Retailers Must Comply with New Product Safety and Recall Regulations

The New York Department of State today announced the adoption of new consumer protections aimed at shielding children under the age of twelve from dangerous and hazardous durable juvenile products and children’s products manufactured, distributed and/or sold in New York State.

The new consumer protection regulations set requirements for labeling standards, recalls notifications and removal of recalled toys and children’s products from the marketplace.

“These new consumer protections go a long way towards protecting New York children from unsafe toys and durable juvenile products. Recalled items which all too often remain on store shelves continue to pose a danger to unsuspecting users and have for too long exposed children to needless hazards”, said New York Secretary of State Cesar Perales.

“New Yorkers can have a renewed sense of confidence that the products they purchase for their children are safe.”

The new State consumer protections are specifically directed at entities within the children’s and durable juvenile products marketplace including manufacturers, distributors and retailers.

A manufacturer who introduces durable juvenile products for sale or distribution in New York State must include a product label in accordance with requirements as prescribed by U.S. Consumer Product Safety Commission and must also include an owner product safety card for consumers to register their purchase.

Within twenty-four hours of issuing or receiving a product recall or warning notification from the U.S. Consumer Product Safety Commission, the manufacturer must inform all retailers where the products have been delivered of the recall. Consumers who have turned in an owner safety card must also be contacted by the manufacturer.

 “To protect our kids, New York’s parents and family caregivers need accurate, timely information about unsafe toys and children’s products,” stated Chuck Bell, programs director for Consumers Union, publisher of Consumer Reports. 

“No parent or caregiver wants to have hazardous products in the home, if the manufacturer or the Consumer Product Safety Commission has called for that product to be removed from the marketplace. These tough new rules will help ensure that recalled products are quickly removed from store shelves, and that consumers are promptly notified of hazards involving children’s products.  We commend the Department of State for its leadership in working with manufacturers and retailers to improve our New York’s safety system for children’s products.”

These new State consumer protections also mandate that retailers of durable juvenile products do not take delivery of, nor introduce for sale, any children’s product that does not have appropriate labeling.

Upon knowledge of a recall regarding a children’s product or a durable juvenile product, a retailer who has sold or is offering such product for sale must remove the hazardous children’s product or durable juvenile product from the store shelves; and post the recall or warning notice conspicuously for at least 60 days at all of the retailer’s locations where such item had been or was being sold.

The adoption of these regulations will provide stronger consumer protection to parents by arming them with information about the toys and children’s products they wish to purchase and timely information regarding recalls.

The regulations will be effective in three months after the notice of adoption. Those found to have violated the new regulation could face the imposition of a fine of up to $5,000 per violation.

 The New York Department of State shall impose penalties of up to $50,000 upon the occasion of a second violation or subsequent violations of these consumer protections.