If you sell consumer products in the US, whether through Amazon, your own website, or other marketplaces, you need to understand CPSC compliance. And if you sell children's products, Reese's Law just made your compliance obligations much stricter.
I led Reese's Law policy rollout across Amazon's marketplace and managed CPSC voluntary recalls for years. Here's what sellers and marketplaces actually need to know about CPSC compliance.
What Is the CPSC?
The Consumer Product Safety Commission (CPSC) is the US federal agency responsible for protecting consumers from unreasonable risks of injury or death from consumer products.
CPSC jurisdiction: ~15,000 types of consumer products
- Children's products (toys, clothing, cribs, strollers, etc.)
- Household products (furniture, appliances, electronics)
- Recreational products (bikes, scooters, sports equipment)
- NOT: food, drugs, cosmetics (FDA), cars (NHTSA), boats (Coast Guard)
Enforcement tools:
- Mandatory recalls
- Civil penalties up to $16,458 per violation (can be EACH unit sold)
- Criminal prosecution for knowing violations
- Import detention and destruction
- Cease and desist orders
What Is Reese's Law?
The Reese's Law (formally: Reese's Law - Choking Prevention Act) passed in August 2024 and took effect in March 2025.
Key requirements for children's products:
- Mandatory incident reporting within 24 hours of:
- Death
- Grievous bodily injury (including choking)
- Any serious injury or risk of serious injury
- Choking hazard warnings required on more products
- Expanded beyond toys to all children's products with small parts
- Specific warning language and placement requirements
- Stricter small parts testing for children's products
- Must pass small parts test for intended age group
- More rigorous testing protocols
- Third-party testing required (can't self-certify)
Why it matters: CPSC is enforcing Reese's Law aggressively. We've already seen recalls and penalties in 2025.
Who Has CPSC Compliance Obligations?
Manufacturers
If you make products or have them made under your brand, you're the manufacturer.
Responsibilities:
- Ensure products comply with applicable safety standards
- Conduct or commission required testing
- Maintain test reports and certificates
- Report incidents to CPSC within 24 hours
- Implement recalls if required
This includes:
- US brands manufacturing domestically
- US brands having products made overseas
- Private label sellers (you're the manufacturer even if factory makes it)
Importers
If you bring products from outside the US into the US market, you're an importer.
Responsibilities:
- Ensure products have required certificates
- Maintain records of testing and compliance
- Verify manufacturer compliance
- Report incidents to CPSC within 24 hours
This includes:
- Distributors importing products
- Amazon FBA sellers sourcing from China
- Any business importing products for resale
Distributors/Retailers
If you sell products made by others, you're a distributor.
Responsibilities:
- Don't sell products you know are non-compliant or recalled
- Maintain records enabling product traceability
- Report incidents if manufacturer/importer doesn't
This includes:
- Traditional retailers
- E-commerce sellers (unless you're manufacturer/importer)
- Marketplace platforms facilitating sales
Online Marketplaces (Amazon, eBay, Etsy, etc.)
Under traditional interpretation, marketplaces were distributors with limited liability. This is changing.
CPSC increasingly treats marketplaces as responsible parties:
- Must remove recalled products from sale
- May be required to notify buyers of recalled products
- Expected to have systems detecting non-compliant products
- Can face penalties for facilitating sale of dangerous products
INFORM Consumers Act (effective June 2023) requires:
- Verification of high-volume third-party sellers
- Display of seller contact information
- Reporting mechanisms for unsafe products
Critical CPSC Requirements for Children's Products
If you sell products designed or intended for children age 12 and under, strict requirements apply:
1. Third-Party Testing
You CANNOT self-certify children's products. Must use CPSC-accepted lab.
Testing required:
- Lead content (paint and substrate)
- Phthalates (certain plasticized materials)
- Small parts (choking hazard)
- Product-specific standards (cribs, strollers, toys, etc.)
When testing required:
- Before first import/distribution
- After any change in product design or materials
- After change in manufacturing location
- Periodically per your testing plan
Common mistake: "I got one unit tested 3 years ago." Testing must be current and cover all product variations.
2. Children's Product Certificate (CPC)
Every children's product must have a CPC stating compliance with applicable regulations.
CPC must include:
- Product identification (name, model number)
- Citations to applicable CPSC regulations
- Importer/manufacturer contact information
- Date and place of manufacture
- Testing lab information
- Date and place of testing
CPC must:
- Accompany product shipment
- Be provided to distributors/retailers
- Be available to CPSC upon request
Common mistake: Generic CPC template from factory. CPC must be specific to YOUR product and YOUR testing.
3. Tracking Labels
Children's products must have permanent tracking information.
Required on product or packaging:
- Manufacturer or private labeler name
- Location and date of production
- Cohort information (batch, run, or other identifying info)
Purpose: Enable targeted recalls without recalling all products ever made
Common mistake: Removable sticker. Must be permanent (molded into product, printed on product, etc.)
Most Common CPSC Violations for Amazon Sellers
From years managing CPSC compliance at Amazon, these are the most frequent issues:
1. No Third-Party Testing for Children's Products
Violation: Seller sources products from Alibaba, lists on Amazon, no testing.
Why it happens: Seller doesn't know testing required, or assumes factory testing is sufficient
Penalty: Civil penalties, product recall, import detention
Solution: Test EVERY children's product with CPSC-accepted lab before first sale
2. Missing or Incorrect CPC
Violation: No CPC, generic CPC from factory, CPC with wrong info
Why it happens: Seller doesn't understand CPC requirements, uses factory template
Penalty: Civil penalties, sales suspension
Solution: Create CPC specific to your product with YOUR testing information
3. No Tracking Labels
Violation: Product has no permanent markings showing manufacturer, date, batch
Why it happens: Seller adds labels to product (violates "permanent"), or doesn't add at all
Penalty: Civil penalties, makes targeted recalls impossible
Solution: Work with factory to mold/print tracking info on product
4. Lead Content Violations
Violation: Children's products (especially jewelry, paint, metal components) exceed lead limits
Why it happens: Seller doesn't test, factory uses non-compliant materials
Penalty: Mandatory recall, civil penalties, potential criminal prosecution if knowingly violated
Solution: Test for lead content before importing, specify lead-free materials to factory
5. Selling Recalled Products
Violation: Listing products on Amazon that have been recalled
Why it happens: Seller doesn't monitor CPSC.gov for recalls of products they sell
Penalty: Civil penalties, potential criminal charges
Solution: Check CPSC.gov/Recalls weekly, remove recalled products immediately
6. Inadequate Incident Reporting (Reese's Law)
Violation: Customer reports child choked on product, seller doesn't report to CPSC
Why it happens: Seller doesn't know reporting required, wants to avoid recall
Penalty: Civil penalties, criminal prosecution if death/serious injury involved
Solution: Report any injury or potential hazard to CPSC within 24 hours via SaferProducts.gov
CPSC Compliance Checklist for Sellers
Before Sourcing:
- ☐ Determine if product is "children's product" (designed/intended for age 12 and under)
- ☐ Identify applicable CPSC regulations and standards
- ☐ Verify product can pass required testing
- ☐ Ensure factory can provide tracking labels
Before Importing:
- ☐ Conduct third-party testing with CPSC-accepted lab (children's products)
- ☐ Obtain test reports
- ☐ Create Children's Product Certificate (if applicable)
- ☐ Verify tracking labels on products
- ☐ Ensure packaging has required warnings
Before Listing:
- ☐ Verify product not recalled (check CPSC.gov)
- ☐ Include required warnings in listing and on packaging
- ☐ Maintain records: test reports, CPCs, factory info
Ongoing:
- ☐ Monitor CPSC.gov for recalls of your products
- ☐ Report incidents to CPSC within 24 hours
- ☐ Maintain testing and compliance records for 5+ years
- ☐ Re-test if product design or materials change
What to Do If Your Product Is Recalled
If CPSC determines your product is hazardous and requires recall:
Immediate actions (within 24 hours):
- Stop sales immediately on all channels
- Notify CPSC you're cooperating
- Assemble product distribution data (how many sold, when, where)
- Engage legal counsel with CPSC experience
Recall process (weeks 1-4):
- Work with CPSC on recall scope and remedy
- Draft recall notice for CPSC approval
- Set up consumer remedies (refund, replacement, repair)
- Prepare recall website and communication plan
Recall execution (ongoing):
- CPSC publishes recall notice
- Notify all known purchasers (email, direct mail)
- Marketplaces remove listings
- Process consumer refund/replacement requests
- Report weekly to CPSC on recall effectiveness
Cost reality: Recalls typically cost $5-$50 per unit recalled (notification, refunds, logistics)
- Small recall (1,000 units): $5,000 - $50,000
- Medium recall (10,000 units): $50,000 - $500,000
- Large recall (100,000+ units): $500,000+
How to Choose CPSC-Accepted Testing Lab
Not all labs are accepted by CPSC. Use only accredited labs.
Find CPSC-accepted labs:
- Search CPSC.gov/labsearch
- Filter by product type and test standard
- Verify lab is currently accredited (accreditation can lapse)
Major CPSC-accepted labs:
- Intertek (global, common for Amazon sellers)
- SGS (global)
- TUV (Europe-based, US locations)
- Bureau Veritas (global)
- UL (Underwriters Laboratories)
Typical testing costs:
- Basic children's product (lead, phthalates, small parts): $400 - $800
- Complex product (multiple components, flammability, mechanical): $1,500 - $5,000
- Rush testing (1-2 weeks): 50% premium
- Standard testing (3-4 weeks): normal pricing