16 C.F.R. § 1501.2

Scope

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(a) This regulation (§ 1500.18(a)(9) and the criteria described in § 1501.4 below) applies to all toys and other articles intended for use by children under 3 years (36 months) of age that are introduced into interstate commerce after the effective date. Such articles include, but are not to limited to: squeeze toys; teethers; crib exercisers; crib gyms; crib mobiles; other toys or articles intended to be affixed to a crib, stroller, playpen, or baby carriage; pull and push toys; pounding toys; blocks and stacking sets; bathtub, wading pool and sand toys; rocking, spring, and stick horses and other figures; chime and musical balls and carousels; jacks-in-the-box; stuffed, plush, and flocked animals and other figures; preschool toys, games and puzzles intended for use by children under 3; riding toys intended for use by children under 3; infant and juvenile furniture articles which are intended for use by children under 3 such as cribs, playpens, baby bouncers and walkers, strollers and carriages; dolls which are intended for use by children under 3 such as baby dolls, rag dolls, and bean bag dolls; toy cars, trucks, and other vehicles intended for use by children under 3. In addition, such articles include any other toys or articles which are intended, marketed or labeled to be entrusted to or used by children under 3 years of age.

(b) In determining which toys and other articles are intended for use by children under 3 years (36 months) of age, for purposes of this regulation, the following factors are relevant: the manufacturer's stated intent (such as on a label) if it is a reasonable one; the advertising, promotion, and marketing of the article; and whether the article is commonly recognized as being intended for children under 3.

(c) This regulation does not apply to toys or articles which are solely intended for use by children 3 years of age or older. In addition, it does not apply to all articles to which children under 3 years of age might have access simply because of presence in a household. Certain articles which are specifically exempted from this regulation are listed in § 1501.3 below.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1989–2023 · leading case: Toy Mfrs. of Am., Inc. v. Blumenthal, 986 F.2d 615 (2d Cir. 1992).

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Toy Mfrs. of Am., Inc. v. Blumenthal, 986 F.2d 615 (2d Cir. 1992). · cites it 2× “18(a)(9), Part 1501 expressly states that “the regulation does not apply to toys or other articles which are solely intended for use by children 3 years of age or older,” 16 C.F.R. § 1501.2 (c) (1992) (emphasis added), and even provides a test for determining which toys and…”

Toy Mfrs. of Am., Inc. v. Blumenthal, 806 F. Supp. 336 (D. Conn. 1992). “” 16 C.F.R. § 1501.2 (a) (1992). The same section continues, “[t]his regulation does not apply to toys or articles which are solely intended for use by children 3 years of age or older.”

Williene Jackson-Jones v. Epoch Everlasting Play, LLC (C.D. Cal. 2023). · cites it 6× “) They assert that the toys are intended for children under 23 three because flocked figures are listed as articles subject to the Small Parts rule in 24 16 C.F.R. § 1501.2 (a), and because Epoch and Target intentionally market the Calico 25 Critters Flocked Toys to children…”

Busch v. Graphic Color Corp., 644 N.E.2d 839 (Ill. App. Ct. 1995). “2d at 621, quoting 16 C.F.R. § 1501.2 (c) (1992).) Connecticut passed the law at issue in Toy Manufacturers specifically to fill in that gap by regulating toys for children under the age of three.”

Jerri's Ceramic Arts, Inc. v. Consum. Prod. Saf. Comm'n, 874 F.2d 205 (4th Cir. 1989). “The final regulations, which went into effect on January 1, 1980, apply generally to appropriately *207 small “toys and other articles intended for use by children under three years (36 months) of age that are introduced into interstate commerce,” 16 C.F.R. § 1501.2 (1988).…”

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