# Selling consumer products in the US: CPSC overview
US product safety rests on the Consumer Product Safety Act of 1972, which created the CPSC, and the Consumer Product Safety Improvement Act of 2008, which added lead and phthalate limits, toy safety rules, third-party testing and stronger import provisions. Sellers must distinguish mandatory from voluntary standards, keep testing and certification records available for CPSC, and report potentially defective products and run recalls through the agency's process.
Key facts
- The Consumer Product Safety Act (1972) created the Consumer Product Safety Commission (CPSC) and gave it authority to set standards, pursue recalls and ban products.
- The Consumer Product Safety Improvement Act (2008) added lead and phthalate limits, toy safety provisions, third-party testing and certification, and stronger import requirements.
- Some product categories have mandatory CPSC rules; others rely on voluntary ASTM standards that become effectively mandatory when referenced by regulation or demanded by retailers.
- Children's products need third-party testing by a CPSC-accepted laboratory and a Children's Product Certificate; general-use products subject to a rule need a General Certificate of Conformity.
- Under the eFiling final rule (published 8 January 2025, 90 Fed. Reg. 1800, amending 16 CFR Part 1110), importers of regulated products must file certificate data electronically with CBP at entry: mandatory for most imports from 8 July 2026, and from 8 January 2027 for Foreign Trade Zone withdrawals, with no de minimis exception.
- Manufacturers, importers, distributors and retailers must report products that could create a substantial product hazard to CPSC and cooperate on recalls.
1. The statutes
The Consumer Product Safety Act (1972) created the CPSC and its authority to set standards, pursue recalls and ban products. The Consumer Product Safety Improvement Act (2008) added lead and phthalate limits, toy safety rules, third-party testing and stronger import provisions. Together they form the federal backbone: the CPSA establishes the Commission's jurisdiction over consumer products, its standard-setting and enforcement powers, and the reporting duties of firms; the CPSIA layered on substance limits, mandatory toy standards, accredited testing and the certificate system that importers now file electronically. State laws sit alongside the federal regime, most visibly California Proposition 65 warnings, and sector regulators (FDA, NHTSA, EPA) cover products outside CPSC jurisdiction.
2. Mandatory standards vs voluntary standards
Some product categories have mandatory CPSC rules (for example children's sleepwear flammability, bunk beds, bicycle helmets). Others rely on voluntary ASTM standards that become effectively mandatory when referenced by regulation or widely adopted by retailers. The distinction matters operationally: a mandatory rule carries testing, certification and record-keeping duties defined in the Code of Federal Regulations, while a voluntary standard becomes binding in practice the moment a major retailer or a regulation incorporates it. Map each SKU to the applicable rules and the voluntary standards your sales channels require, and treat retailer-mandated standards with the same seriousness as legal ones, because delisting is faster than enforcement.
| Category example | Instrument | What it typically requires |
|---|---|---|
| Children's sleepwear | Mandatory CPSC flammability rule | Flame-resistance testing and compliance |
| Bunk beds | Mandatory CPSC rule | Entrapment and structural requirements |
| Bicycle helmets | Mandatory CPSC rule | Impact testing to the CPSC standard |
| Toys | CPSIA plus ASTM F963 (mandatory by reference) | Mechanical, flammability and chemical requirements |
| General consumer goods | Voluntary ASTM standards | Retailer- or contract-driven compliance |
3. Testing and certification
Children's products need third-party testing by a CPSC-accepted lab and a Children's Product Certificate. General-use products subject to a rule need a General Certificate of Conformity based on a reasonable testing programme. The Children's Product Certificate must identify the product, the manufacturer or importer certifying compliance, each rule certified to, and the CPSC-accepted laboratory and test dates. The General Certificate of Conformity follows a similar structure but rests on the firm's own reasonable testing programme rather than mandatory third-party testing. Certificates must be furnished to CPSC on request and, under eFiling, filed electronically at import; keep them with the underlying test reports for as long as the product is on the market and beyond.
4. eFiling at import
Since the CPSC eFiling final rule, importers of regulated products must file certificate data electronically with CBP at entry: mandatory for most imports from 8 July 2026, and from 8 January 2027 for Foreign Trade Zone withdrawals. There is no de minimis exception. The final rule published 8 January 2025 (90 Fed. Reg. 1800) amends 16 CFR Part 1110: instead of producing certificates only when asked, importers file certificate data through CBP's ACE system at the time of entry. The PGA message set carries product identification, the certifying party, each safety rule certified to, manufacture date and place, test date and place, and the test-record custodian's contact details. Importers can file full data per entry, use disclaimer codes where a flagged HTS code needs no certificate, or pre-register certificates in the CPSC Product Registry and reference them per entry. Preparation means mapping HTS codes to CPSC rules, confirming certificate data exists for every regulated SKU, and testing the ACE message set with your broker well before the deadline.
5. Labelling and tracking
Children's products need tracking labels; many categories need specific warnings (for example FHSA labelling for hazardous household substances). Keep certificates and test records available: CPSC can demand them. Tracking labels must carry distinguishing information, such as batch or run numbers, on the product and packaging to support recalls. The Federal Hazardous Substances Act requires precautionary labelling for hazardous household substances, including signal words, hazard statements and first-aid instructions in prescribed formats. Country-of-origin marking under customs rules and care labelling for textiles add further label elements; build one labelling specification per SKU covering every regime.
6. Recalls and reporting
Report potentially defective products to CPSC and run recalls through the agency's fast-track or standard process. Retailers will delist first and ask questions later. Section 15 of the CPSA requires firms to notify CPSC when they obtain information suggesting a product could create a substantial product hazard or contains a defect that could create one. The fast-track recall programme suits firms ready to move quickly with an agreed remedy; the standard process applies where the scope or remedy needs negotiation. Build an incident intake workflow that can assess, document and report within days, not weeks: identify affected batches, assess the hazard, decide the remedy, and notify.
Compliance checklist
- [ ] Map every SKU to applicable CPSC rules and retailer-required voluntary standards.
- [ ] Arrange third-party testing at CPSC-accepted labs for children's products; run a reasonable testing programme for general-use products.
- [ ] Issue Children's Product Certificates or General Certificates of Conformity with complete data.
- [ ] Prepare for eFiling: HTS-to-rule mapping, Product Registry registration, ACE testing with your broker.
- [ ] Apply tracking labels, FHSA warnings and other required labelling per SKU.
- [ ] Build a Section 15 incident intake and reporting workflow.
- [ ] Keep certificates, test reports and labelling specifications available for CPSC.
What this means for businesses
For businesses, the US system is enforcement-led: testing and certification are the entry ticket, but incident reporting and recall readiness determine survival when something goes wrong. The eFiling rule moves certificate data to the border, which means import documentation must be complete before shipment, not assembled after a CPSC request. Treat the certificate file as a living record tied to each SKU's bill of materials and test history. However, note that CPSC is only the federal consumer-product layer: Proposition 65, state chemical laws and sector regulators add parallel duties that must be assessed separately.
How the US compares with other markets
The United States runs a statute-and-certification system: CPSA/CPSIA, CPSC-accepted laboratory testing, CPC/GCC certificates filed electronically at import, and Section 15 reporting. The EU uses the GPSR general safety requirement plus sector harmonisation legislation with CE marking and the Safety Business Gateway for accidents. Canada prohibits products posing unreasonable danger under the CCPSA with Health Canada incident reporting. Test data can be shared across regimes, but each market's certificates, declarations and filings stand alone.
Which products does CPSC regulate?
Consumer products as defined in the CPSA, excluding items under other agencies' jurisdiction such as food, drugs, motor vehicles and firearms. Check jurisdiction before assuming coverage.
What is the difference between a CPC and a GCC?
A Children's Product Certificate covers children's products tested by a CPSC-accepted lab; a General Certificate of Conformity covers general-use products subject to a rule, based on a reasonable testing programme.
Does eFiling apply to small shipments?
Yes. The eFiling rule applies at every shipment value with no de minimis exception; even low-value entries of regulated products need certificate data.
What triggers a Section 15 report?
Information suggesting the product could create a substantial product hazard or contains a defect that could create one. When in doubt, consult counsel quickly; late reporting draws penalties.
Assumptions and limitations
- Statute summaries verified on cpsc.gov; specific CFR parts per product category must be checked per SKU.
- eFiling dates verified; filing mechanics should be confirmed in current CBP/CPSC implementation guides.
- State laws such as Proposition 65 sit alongside federal duties and are not covered in detail here.
Official sources
Last verified: 2026-09-29.
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