Almost had a panic attack recently when I was talking with a good friend about a promotional product she wanted to give to children. It was an item that could likely break and cause injury to younger children should that occur. I advised her not to go down that path.

As well, I have another client who gives promotional items to children for a contest and they wanted to give away stress balls. I advised them not to give those to kids because they do not meet standards as children’s products. What’s more is that some kids think they can be used as pet toys. For either kids or pets, stress balls are dangerous because they can shred off and be swallowed.

Recently, the Consumer Product Safety Commission issued a final ruling of the definition for “children’s product” within the Consumer Product Safety Improvement Act of 2008. So here’s the CPSC Definition of Children’s Product:

“a consumer product designed or intended primarily for children 12 years of age or younger”

The interpretations of this are vast. Anyone care to ramble through the 79 pages of the CPSC Interpretation of “Children’s Product?” Fascinating reading. Actually, it is for people like me who have to deal with these questions on the marketing frontline.

When I get inquiries for children’s giveaways, I almost shudder. CPSC children’s product compliance information on most promotional products is sorely abstract or just plain missing and I often have to go with my instinct. And so many products have appeal to children–stress balls, stuffed characters, crazy looking pens and pencils–that the potential for them to be interpreted as being children’s products is high, along with the associated risk. Here’s an excerpt from the guidelines that I think is the most damning in describing a wide variety of promotional products:

“… colors commonly associated with childhood (pinks, blues, bright primary colors), decorative motifs commonly associated with childhood (such as animals, insects, small vehicles, alphabets, dolls, clowns, and puppets); and features that do not enhance the product’s utility (such as cartoons), but contribute to its attractiveness to children 12 years of age or younger.”

And one of the other things to consider is how you are giving the item. There are a number of items that fall into the category of “general use,” such as household items that may not be intended for children, but with which children may come in contact. I think these general use items become problematic when you give them directly to children. That action could be interpreted that you intend for the child to use it.

While some people think that if you are giving it away for free it absolves you of the responsibility to follow CPSC guidelines. That, in my opinion, is naive. You only have to look at the recent incident with McDonald’s “Shrek” promotional glassware recall for cadmium content in the imprint. Remember, these items are tied to your brand.

So here are some tips…

• Select Age Appropriate Items – The item you give to a 4-year old is not the same as one you would give to a 10-year old. Yet both age groups could be called “children.” Know your audience and select appropriately. There is no “one size fits all” when it comes to buying promotional items for kids.
• Ask – If you don’t know if an item meets CPSC standards, ask your promotional product distributor. Some suppliers may be able to provide safety documentation for your peace of mind.
• Don’t be Tempted by “Cute” – I think my poster child product for this advice is stress balls. They come in myriad cute shapes and colors. They are not toys! Do not assume because it is cute, it is for children. Remember that if it would be attractive to children, it may be considered a children’s product under CPSC guidelines and must meet safety standards, especially if you specifically give it to children. Don’t take chances. Again, ask your distributor for clarification when in doubt.
• Assume Worst Case Scenario – I never like to advise this. But with lawsuits left and right about every conceivable product, you do not want your brand on wrong side of the court. Think about how an item could be broken, swallowed, or otherwise cause harm if handled by the children who will receive your promotion.
• Be Prepared to Pay for Testing for Custom Products – Products that are custom manufactured specifically for children must often be subjected to testing, primarily for lead. I have seen test costs in the range of $400 or so. The testing cost is usually rolled into the price of stock products, but will be required for custom manufactured items.

Got a question about a particular product with kid appeal? Have other advice for dealing with this issue? Share with us in comments.

For further reading…

• 3 Ways to Avoid the “Can I Have One for My Kid” Problem
• Promotional Products or Toys? How to Avoid the Problems with Playthings
• Promotional Products Safety Update for Children’s Issues (video)
• How Non-Profits Can Avoid a Public Relations Nightmare When Buying Promotional Products

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