Overview
Section 101 of the Consumer Product Safety Improvement Act of 2008 (Pub. L. 110-314), codified at 15 U.S.C. § 1278a, makes any children’s product whose lead content exceeds the statutory limits a banned hazardous substance under the Federal Hazardous Substances Act. Two numeric limits operate today: 100 ppm total lead content by weight for any part of the product (the substrate rule) and 0.009 percent (90 ppm) lead in paint or similar surface-coating materials (the lead paint rule, 16 CFR Part 1303 as amended by CPSIA § 101(f)). CPSIA sets numeric limits for lead only — it contains no numeric cadmium, arsenic, or mercury limits.
Scope
A “children’s product” is a consumer product designed or intended primarily for children 12 years of age or younger (15 U.S.C. § 2052(a), referenced by § 1278a(a)). Covered examples in this wiki: Children's Jewelry and Pacifiers and sucking/teething aids (pacifiers are also subject to the CPSC standard at 16 CFR Part 1511). Toys are covered as children’s products; the separate mandatory toy standard (ASTM F963, made compulsory by CPSIA § 106) is a different instrument not transcribed on this page.
Key scope exclusions, from the statute:
- Cosmetics, drugs, and devices are outside CPSC jurisdiction: “consumer product” under the Consumer Product Safety Act does not include articles that are drugs, devices, or cosmetics as defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act (15 U.S.C. § 2052(a)(5)(H)). Children’s cosmetics (children’s makeup, lip balm, nail polish, face paint) and toothpaste are therefore not subject to the CPSIA lead caps even though they are used by children; they fall to FDA adulteration doctrine instead.
- Inaccessible component parts are excepted from the total lead limits (§ 1278a(b)(2)); paint, coatings, or electroplating cannot be treated as barriers that make lead inaccessible (§ 1278a(b)(3)).
- A functional purpose exception (§ 1278a(b)(1)) may be granted by the Commission after notice and hearing where lead inclusion is required, the product is not likely to be mouthed or ingested, and the exception will have no measurable adverse effect on public health (defined as no measurable increase in child blood lead levels).
Exact limit and units
| Provision | Instrument text value | SI equivalents (conversion shown) |
|---|---|---|
| Total lead content, any part of a children’s product | 100 parts per million by weight | 100 ppm = 100 mg/kg = 100,000 µg/kg |
| Lead in paint or similar surface-coating material (calculated as lead metal, weight of the total nonvolatile content of the paint or the weight of the dried paint film) | 0.009 percent | 0.009 % = 90 ppm = 90 mg/kg = 90,000 µg/kg |
The total-lead limit phased down by statute: 600 ppm (effective 180 days after enactment, 2009-02-10), 300 ppm (1 year after enactment, 2009-08-14), then 100 ppm (3 years after enactment, 2011-08-14), the 100 ppm step applying because the Commission determined it was technologically feasible after notice and hearing. The Commission must review and lower the limit at least every 5 years to the lowest technologically feasible level. The paint limit moved from 0.06 percent to 0.009 percent effective 2009-08-14 (16 CFR 1303.1, as mandated by CPSIA § 101(f)). The 1000× hazard: 100 ppm is 100,000 µg/kg, and 90 ppm is 90,000 µg/kg — these are orders of magnitude above food-matrix caps, which is correct for a durable-goods substrate standard and must not be transcribed as µg/kg-scale values.
How tested
Third-party testing by a CPSC-accepted laboratory is required for children’s products subject to the lead limits; manufacturers certify compliance with a Children’s Product Certificate. CPSC standard operating procedures include the CPSC-CH-E1001-08 series (total lead in children’s products, digestion/XRF) and CPSC-CH-E1003-09 series (lead in paint and surface coatings).
Enforcement posture
Exceeding products are banned hazardous substances under the FHSA: sale, distribution, and import are prohibited, and the CPSC can order recalls, civil penalties, and criminal penalties for knowing violations. Children’s jewelry has been a recurrent recall category under this section. The statute requires periodic (at least 5-year) review toward lower feasible limits; the 100 ppm level stands as of 2026-07-29.
History of changes
- 2008-08-14: CPSIA enacted (Pub. L. 110-314).
- 2009-02-10: 600 ppm total-lead limit effective.
- 2009-08-14: 300 ppm effective; paint limit reduced to 0.009 percent (16 CFR 1303.1 per § 101(f)).
- 2011-08-12: Pub. L. 112-28 amended § 1278a (prospective application, exception procedures).
- 2011-08-14: 100 ppm total-lead limit effective after CPSC feasibility determination.
Comparison with other jurisdictions
- Cadmium in children’s jewelry: CPSIA sets no numeric limit. Federal action on cadmium in children’s metal jewelry has proceeded through CPSC testing, recalls, and state legislation (e.g., state children’s-jewelry cadmium statutes), not through a federal numeric cap; this wiki loads no cadmium cap for Children's Jewelry and the row remains FETCH_INGEST/ADJUDICATE, not CAP_MAP.
- EU: no direct EU children’s-product lead-content statute in this wiki’s register; EU cosmetics-style prohibition frameworks do not apply to jewelry substrates. Toy safety in the EU is handled by the Toy Safety Directive 2009/48/EC (migration limits), a separate instrument not transcribed here.
- Cosmetics: lead in cosmetics used by children is outside CPSIA; see US FDA cosmetics heavy-metal policy — draft lead guidance (10 ppm) and the binding mercury trace rule (21 CFR 700.13, <1 ppm) and Health Canada — Guidance on Heavy Metal Impurities in Cosmetics: Pb 10, As 3, Cd 3, Hg 1, Sb 5 ppm.
Sources
- 15 U.S.C. § 1278a — Children’s products containing lead; lead paint rule (CPSIA § 101, as amended by Pub. L. 112-28): https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1278a&num=0&edition=prelim
- 16 CFR Part 1303 — Ban of lead-containing paint and certain consumer products bearing lead-containing paint: https://www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1303
Update history
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