Form template for a “Product” versus “Toy” analysis:
ATTORNEY=CLIENT PRIVILEGED
PRODUCT ANALYSIS
The following is the evaluation of [name of product] in accordance with the factors required by the CPSC in order to determine whether [name of product] is a “children’s product†or a “children’s toy†under the Consumer Product Safety Improvement Act 2008
1. Statements made by [name of the manufacturer] about the intended use of the [name of product]:
2. Is the [name of product] represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger?
3. Whether the [name of product] is commonly recognized by consumers as being intended for use by a child 12 years of age or younger?
4. Application of the appropriate Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines:
Conclusion:
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Signed by: Regulatory Compliance Officer