[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Proposed Rules]
[Pages 58063-58070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23543]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500


Labeling Requirement for Toy and Game Advertisements

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: Section 105 of the Consumer Product Safety Improvement Act of 
2008, (``CPSIA''), directs the Commission to promulgate regulations to 
effectuate this section with respect to advertising for certain toys 
and games in catalogues and other printed materials not later than 90 
days after enactment. The Commission invites public comment on this 
proposal.

DATES: Written comments concerning the advertisement requirements with 
respect to catalogues and other printed materials must be received by 
October 20, 2008. Written comments concerning the requirements with 
respect to Internet advertisements must be received by November 20, 
2008.

ADDRESSES: Comments should be e-mailed to <a href="/cdn-cgi/l/email-protection#6f0c1f1c0c42001c2f0c1f1c0c41080019"><span class="__cf_email__" data-cfemail="4c2f3c3f2f61233f0c2f3c3f2f622b233a">[email protected]</span></a>, and should 
be captioned ``ADVERTISING REQUIREMENTS NPR.'' Comments may also be 
mailed, preferably in five copies, to the Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East-West Highway, 
Bethesda, Maryland 20814, or delivered to the same address (telephone 
(301) 504-0800). Comments also may be filed by facsimile to (301) 504-
0127.

[[Page 58064]]


FOR FURTHER INFORMATION CONTACT: Barbara E. Parisi, Project Manager, 
Office of General Counsel, Consumer Product Safety Commission, 4330 
East-West Highway, Bethesda, Maryland; telephone (301) 504-7879 or e-
mail: <a href="/cdn-cgi/l/email-protection#b9dbc9d8cbd0cad0f9dac9cada97ded6cf"><span class="__cf_email__" data-cfemail="37554756455e445e775447445419505841">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 24(a) of the Federal Hazardous Substances Act (FHSA) 
prescribes cautionary labeling requirements for toys or games that are 
intended for use by children from 3 to 6 years old and contain small 
parts. The cautionary statement warns potential purchasers that these 
products are not for children under 3 years old due to choking hazards. 
Section 24(b) of the FHSA prescribes similar requirements for balloons, 
small balls, and marbles intended for children 3 years and older, or 
any toy or game which contains such a balloon, small ball, or marble.
    Section 105 of the CPSIA, Public Law 110-314, 122 Stat. 3016 
(August 14, 2008), amends section 24 of the FHSA to require that, when 
a product's packaging requires a cautionary statement, advertising for 
the product that provides a direct means for purchase or order of the 
product (including catalogues, other printed materials, and Internet 
Web sites) must bear the same cautionary statement. Section 105 
provides some guidelines on the format of the cautionary statement. 
Specifically, it must be prominently displayed in the primary language 
used in the advertisement, in conspicuous and legible type in contrast 
by typography, layout, or color with other material printed or 
displayed in the advertisement, and in a manner consistent with 16 CFR 
part 1500.
    Section 105 of the CPSIA also allows the Commission to provide a 
grace period of no more than 180 days for catalogues and other printed 
material printed prior to the effective date. In addition, the 
Commission is directed to determine the applicability of the 
requirements to catalogues and other printed material distributed 
solely between businesses and not to individual consumers.
    Section 105(2) of the CPSIA exempts the Commission from conducting 
a Regulatory Flexibility Act and Paperwork Reduction Act analysis for 
this rulemaking.

B. Proposed Regulation

    Following is a brief description of the principal provisions of the 
Commission's proposed regulation.
    The CPSIA directs that the cautionary statements required by 
section 105 of the CPSIA be prominently displayed in a manner 
consistent with 16 CFR part 1500. The CPSIA also provides the 
Commission with the authority to promulgate a regulation concerning the 
size and placement of the required cautionary statements. The 
Commission believes that the requirements in 16 CFR 1500.121 are 
consistent with commonly accepted hazard-labeling guidelines and are 
appropriate as guidelines for the cautionary statements in the 
advertising, with a few modifications, as described below.
    1. Minimum Type Size for Advertisements in Catalogues and Other 
Printed Material.
    The minimum type-size requirements specified in 16 CFR 1500.121 are 
based on the area of the principal display panel of a hazardous 
substance. For purposes of labeling advertisements in catalogues or 
other printed materials, these type-size requirements would be 
determined based on the size of the advertisement for the specific toy 
or game to which it applies. For small advertisements-ones no more than 
2 square inches-16 CFR 1500.121 would permit signal words and hazard 
statements with letter heights as small as \3/64\ inch, or less than 5 
points; the letter heights of other cautionary material in the label 
could be as small as \1/32\ inch, or about 3 points.
    The Commission has preliminarily determined, based on research, 
that such small or fine-print risk disclosures in product advertising 
would be ineffective because people are unlikely to read them. Based on 
research regarding the legibility and readability of text and numerals, 
the Commission has preliminarily determined that the proposed rule 
should refer to the minimum type sizes specified in 16 CFR 1500.121, 
but include the requirement that the sizes employed cannot be smaller 
than 0.08 inches, or about 5/64 inch.
    ANSI 2535.6 (2006), the primary U.S. voluntary consensus standard 
on product safety information in product manuals, instructions, and 
other collateral materials, specifies that safety message text be no 
smaller than the majority of other non-safety text, other than 
headings, immediately surrounding it. The Commission agrees with this 
specification and has applied this general principle to the cautionary 
labeling of advertisements in catalogues or other printed materials by 
requiring cautionary statements to be the larger of (1) a certain 
minimum type size based on the size of the advertisement (but no 
smaller than 0.08 inches), or (2) the size of the largest text in the 
advertisement that describes the function, use, or characteristics of 
the toy or game being advertised.
    2. Abbreviated Warnings for Catalogues and Other Printed Materials.
    The Commission recognizes that it may be difficult to include the 
full cautionary statements as spelled out in sections 24(a) and (b) of 
the FHSA next to each product in a catalogue or other printed material 
requiring a cautionary statement. ANSI Z535.6 (2006) allows for the use 
of section safety messages in product manuals, instructions, and other 
collateral materials. Although advertising and promotional materials 
are not included within the scope of ANSI Z535.6, this voluntary 
standard appears to be the most relevant to these materials. Section 
safety messages are those that apply to entire sections, subsections, 
or multiple paragraphs or procedures within a document, and typically 
appear at the beginning of the section to which they apply. One of the 
intended functions of section safety messages is to avoid the 
unnecessary repetition of safety information while allowing users to 
access the other information more easily and efficiently. If this 
concept were applied directly to advertisements in catalogues or other 
printed materials, a single version of a cautionary statement could be 
placed at the beginning of a page or section of advertised products 
that includes only toys and games that would require the same 
cautionary statements. This might be difficult to implement, however, 
in those cases in which a toy or game requires multiple cautionary 
statements. Additionally, research has shown that warnings generally 
should be located where consumers are likely to be looking when the 
information is needed, and a single relevant cautionary message at the 
beginning of a multi-page section could be missed easily. To address 
these concerns, the Commission proposes that shorthand, or abbreviated, 
versions of the required warnings be permitted in each product 
advertisement, provided that these are defined with the full warning at 
the bottom or top of each page--or extending across two facing pages if 
both pages contain products to which the warnings apply--of the 
catalogues. The bottom or top of each page or two-page spread must 
provide the definition, or full cautionary statement, for each 
abbreviated warning on that page. The proposed text of the rule 
contains the abbreviated statements appropriate for each cautionary 
statement.
    3. Internet Warnings.
    Section 105 of the CPSIA stipulates that the Commission shall 
promulgate a final rule ``with respect to catalogues and other printed 
material'' by

[[Page 58065]]

November 12, 2008. The CPSIA does not mandate that the Commission 
promulgate a final rule with regard to requirements for Internet 
advertising. Nonetheless, the Commission has proposed requirements for 
Internet advertising, as detailed below and included in the proposed 
rule.
    The comment period with respect to requirements for Internet 
advertising is longer than that for requirements for catalogues and 
other printed materials. Comments on Internet advertising requirements 
must be received by November 20, 2008. Regardless of whether and when 
the Commission issues a final rule on the Internet advertising 
requirements, the requirements for Internet advertisements as 
implemented by Section 105 of the CPSIA will go into effect on December 
12, 2008. As with catalogues and other printed materials, most of the 
requirements specified in 16 CFR 1500.121 may be applied to the 
cautionary labeling of advertisements on Internet Web sites. The 
minimum type-size requirements specified in 16 CFR 1500.121, however, 
cannot be applied readily since they are based on the area of the 
principal display panel, and the analogous area for an Internet 
advertisement could be limited by the size of the consumer's Internet 
browser application window or by the computer monitor or display area 
which could vary considerably. The Commission proposes that the type 
size of the cautionary statements must be at least equal to the size of 
the largest text in the advertisement that describes the function, use, 
or characteristics of the toy or game advertised (for example, the 
product description).
    Research has found that risk information that is placed below the 
page scroll of a Web site is unlikely to be seen. To reduce the 
likelihood of this occurring, the Commission is proposing that the 
required cautionary statement be located immediately before any other 
statements in the advertisement that describes the function, use, or 
characteristics of the toy or game being advertised. Further, the 
Commission preliminarily finds that the use of abbreviated warnings in 
place of full text warnings is neither necessary nor desirable for 
Internet advertisements.
    4. Business to Business Catalogues. The CPSIA directs the 
Commission to determine the applicability of the advertising 
requirements to catalogues and other printed materials that are 
distributed solely among businesses. The Commission has analyzed the 
benefits and costs associated with having the advertising requirements 
applicable to business to business catalogues.
    Some retailers that specialize in products for young children might 
be wary of carrying products that contain small parts or balloons. 
These retailers might value being provided cautionary statements before 
they order the product from their suppliers. However, Section 105 of 
the CPSIA already requires manufacturers, importers and other suppliers 
to inform retailers of any cautionary statements that are required to 
be included in catalogues and other printed advertisements for the 
products they supply. Specifying just how this information must be 
supplied (e.g. , through a catalogue), would reduce the flexibility of 
manufacturers and other suppliers in determining how best to supply the 
required information. If the requirements were not applied to 
catalogues distributed solely between businesses, the manufacturers and 
other suppliers would have the flexibility to develop less costly means 
of providing the information to their retailers. Moreover, because 
retailers typically do not provide young children with direct access to 
the products, it is likely that applying these requirements to 
catalogues distributed solely among businesses would prevent very few 
injuries, if any. This would reduce the value of applying the 
requirements to catalogues distributed solely to retailers and similar 
businesses relative to the value of including them in catalogues 
distributed to consumers. There would be some costs associated with 
applying the advertising requirements to business to business 
catalogues, including costs associated with changing the page layouts 
to include cautionary statements. It will require some time and effort 
by the publishers to determine how the cautionary statements can best 
be added to their catalogues and then to proof the copy once the 
changes are made.
    If an exemption were included for business to business catalogues 
and cautionary statements were not included in catalogues that were 
distributed to organizations or establishments such as schools, day 
care centers, churches, and recreational facilities as a result of the 
exemption, the intent of section 105 of the CPSIA could be thwarted. 
This is because such organizations often act as ``ultimate consumers,'' 
purchasing the toys and games for the use of children and not for 
resale. Thus, any exemption provided would need to distinguish between 
catalogues distributed solely between businesses and those intended for 
final distribution to ultimate consumers, which may include 
institutions such as schools, day care centers, churches, and 
recreational facilities.
    The Commission seeks further input on whether advertising 
requirements for catalogues and other printed materials should also 
apply to materials distributed solely between businesses and not to 
ultimate consumers, and if not, how the Commission can distinguish 
catalogues distributed solely between businesses from those intended 
for final distribution to ultimate consumers, which may include 
institutions such as schools and day care centers.

C. Effective Date

    Section 105 of the CPSIA provides that the requirements for 
Internet advertising shall take effect December 12, 2008. It provides 
that the requirements will apply to catalogues and other printed 
materials published or distributed on or after February 10, 2009. This 
includes catalogues that were printed prior to February 10, 2009 but 
not distributed until after February 10, 2009. The CPSIA authorizes the 
Commission to provide a grace period of not more than 180 days for 
catalogues and other printed material printed prior to February 10, 
2009, during which time distribution of such catalogues and other 
printed materials shall not be considered a violation of the standard.
    The Commission staff has determined that there can be relatively 
long lead times for developing and printing catalogues, and some 
publishers expect to distribute catalogues for as long as two years 
after printing. Thus, it is likely that there are catalogues in 
circulation now, or that have been printed, or will be printed over the 
next several weeks, that do not contain the cautionary statements, but 
that are intended for distribution after February 10, 2009. If the 
Commission did not provide for a grace period, the retailers, 
manufacturers, and importers who published the catalogues would have to 
stop distributing them on February 10, 2009. The catalogues still in 
stock would have to be discarded and replacement catalogues would have 
to be printed, a cost to the publishers both in terms of discarding of 
the catalogues and in the possible loss in sales if the business 
experienced delays in obtaining reprinted catalogues.
    The cost of providing a grace period--that some consumers may 
purchase games or toys from catalogues that they would not have 
purchased had they seen the cautionary labeling--though difficult to 
quantify, is likely to be small. The same cautionary statements are 
required on the products' packaging, and a parent could return or keep 
the

[[Page 58066]]

product out of reach until the children are older if need be.
    Even with a grace period of 180 days, all catalogues distributed 
after August 9, 2009, which includes all catalogues distributed in 
anticipation of the 2009 holiday shopping season, will have to contain 
the required cautionary statements.
    Because of the significant lead time involved in printing 
catalogues and the relatively small cost of providing a grace period of 
180 days, the Commission preliminarily finds that a grace period of 180 
days is warranted.

D. Environmental Considerations

    As a labeling rule, the proposed rule falls within the provisions 
of 16 CFR 1021.5(c) which designates categories of actions conducted by 
the Consumer Product Safety Commission that normally have little or no 
potential for affecting the human environment. It is true that, if no 
grace period were provided, the requirements in Section 105 of the 
CPSIA would apply to all catalogues or other printed materials 
distributed after February 10, 2009, so that materials printed prior to 
this date that did not have the cautionary statements could not be 
distributed and would have to be discarded. This would increase the 
volume of material entering the waste stream. However, the increase 
would be small relative to the total volume of materials that enter the 
waste stream each year. Providing a grace period would further reduce 
this impact. Based on this, the Commission preliminarily finds that 
neither an environmental assessment nor an environmental impact 
statement is required.

E. Request for Information and Comments

    Interested persons are invited to submit comments regarding this 
proposal. The Commission specifically seeks comments on the following:
    1. The abbreviated versions and the minimum type-size and placement 
requirements of the cautionary statements as proposed in this rule;
    2. The impact of the proposals on minimum type-size and placement 
in catalogues and other printed materials on businesses;
    3. How often catalogues or other written materials are published 
and how much lead time is required to prepare these materials for 
publication;
    4. The cost of publishing new catalogues to meet these requirements 
without the 180 day grace period;
    5. Whether the advertising requirements for catalogues and other 
printed materials should also apply to materials distributed solely 
between businesses and not to ultimate consumers, and, if not, how the 
Commission can distinguish catalogues distributed solely between 
businesses from those intended for final distribution to ultimate 
consumers, which may include institutions such as schools, churches, 
day care centers, and recreational facilities.
    Comments should be e-mailed to <a href="/cdn-cgi/l/email-protection#8deefdfeeea0e2fecdeefdfeeea3eae2fb"><span class="__cf_email__" data-cfemail="32514241511f5d4172514241511c555d44">[email protected]</span></a> and should be 
captioned ``ADVERTISING REQUIREMENTS NPR.'' Comments may also be 
mailed, preferably in five copies, to the Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East-West Highway, 
Bethesda, MD 20814, or delivered to the same address (telephone (301) 
504-0800). Comments also may be filed by telefacsimile to (301) 504-
0127. All comments and submissions should be received no later than 
October 20, 2008.

List of Subjects in 16 CFR Part 1500

    Consumer protection, labeling.

Conclusion

    Under authority of section 3 and section 105 of the Consumer 
Product Safety Improvement Act, Public Law 110--314, 122 Stat. 3016 
(August 14, 2008), the Commission proposes to amend Title 16, Chapter 
II, Subchapter C, Part 1500 as set forth below.

PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND 
ENFORCEMENT REGULATIONS

    1. The authority citation for part 1500 continues to read as 
follows:

    Authority: 15 U.S.C. 1261-1278.

    2. Section 1500.20 is added to read as follows:


Sec.  1500.20  Labeling requirement for advertising toys and games.

    (a) Scope. This section applies to advertisements (including 
catalogues, other printed materials, and Internet Web sites), which 
provide a direct means of purchase or order of products requiring 
cautionary labeling under sections 24(a) and (b) of the FHSA.
    (b) Effective Date. The effective date of this standard with 
respect to catalogues and other printed materials is February 10, 2009. 
The Commission is providing a grace period of 180 days, or until August 
9, 2009, during which catalogues and other printed materials printed 
prior to February 10, 2009 may be distributed. All catalogues and other 
printed materials distributed on or after August 9, 2009 must comply 
with the standard, regardless of when they were printed. The effective 
date of this standard with respect to Internet Web sites is December 
12, 2008.
    (c) Definitions. For the purposes of this section, the following 
definitions shall apply.
    (1) Ball means a spherical, ovoid, or ellipsoidal object that is 
designed or intended to be thrown, hit, kicked, rolled, dropped, or 
bounced. The term ``ball'' includes any spherical, ovoid, or 
ellipsoidal object that is attached to a toy or article by means of a 
string, elastic cord, or similar tether. The term ``ball'' also 
includes a multi-sided object formed by connecting planes into a 
generally spherical, ovoid, or ellipsoidal shape that is designated or 
intended to be used as a ball, and any novelty item of a generally 
spherical, ovoid, or ellipsoidal shape that is designated or intended 
to be used as a ball. The term ``ball'' does not include dice, or balls 
permanently enclosed inside pinball machines, mazes, or similar other 
containers. A ball is permanently enclosed if, when tested in 
accordance with 16 CFR 1500.53, it is not removed from the outer 
container.
    (2) Small ball means a ball that, under the influence of its own 
weight, passes in any orientation, entirely through a circular hole 
with a diameter of 1.75 inches (44.4 mm) in a rigid template \1/4\ 
inches (6 mm) thick. In testing to evaluate compliance with this 
regulation, the diameter of opening in the Commission's test template 
shall be no greater than 1.75 inches (44.4 mm).
    (3) Latex balloon means a toy or decorative item consisting of a 
latex bag that is designed to be inflated by air or gas. The term does 
not include inflatable children's toys that are used in aquatic 
activities such as rafts, water wings, swim rings, or other similar 
items.
    (4) Marble means a ball made of hard material, such as glass, 
agate, marble, or plastic, that is used in various children's games, 
generally as a playing piece or marker. The term ``marble'' does not 
include a marble permanently enclosed in a toy or game. A marble is 
permanently enclosed if, when tested in accordance with 16 CFR 1500.53, 
it is not removed from the toy or game.
    (5) Small part means any object which, when tested in accordance 
with the procedures contained in 16 CFR 1501.4(a) and 1501.4(b)(1), 
fits entirely within the cylinder shown in Figure 1 appended to 16 CFR 
part 1501. The use and abuse testing provisions of 16 CFR 1500.51 
through 1500.53 and 1501.4(b)(2) do not apply to this definition.
    (6) Direct means of purchase or order means any method of purchase 
that

[[Page 58067]]

allows consumers to order the product without being in the physical 
presence of the product. Advertising that provides a direct means of 
purchase or order of a product would include catalogues or other 
printed advertising material that contain order blanks, telephone 
numbers or fax numbers for placing orders, and Internet Web sites that 
enable consumers to purchase a product online or through the use of a 
telephone number or fax number provided on the Internet Web site.
    (d) Advertising requirements. Any toy or game that requires a 
cautionary statement about the choking hazard associated with small 
parts, balloons, small balls, or marbles must bear that cautionary 
statement in the product's advertising if the advertising provides a 
direct means for the consumer to purchase or order the product.
    (1) The advertising for any article that is a toy or game intended 
for use by children who are at least three years old but less than six 
years of age shall bear or contain the following cautionary statement 
if the toy or game includes a small part:
[GRAPHIC] [TIFF OMITTED] TP06OC08.071

    (2) The advertising for any latex balloon, or toy or game that 
contains a latex balloon, shall bear the following cautionary 
statement:
[GRAPHIC] [TIFF OMITTED] TP06OC08.072

    (3)(i) The advertising for any small ball intended for children 
three years of age or older shall bear the following cautionary 
statement:
[GRAPHIC] [TIFF OMITTED] TP06OC08.073

    (ii) The advertising for any toy or game intended for children who 
are at least three years old but less than eight years of age that 
contains a small ball shall bear the following cautionary statement:

[[Page 58068]]

[GRAPHIC] [TIFF OMITTED] TP06OC08.074

    (4)(i) The advertising for any marble intended for children three 
years of age or older shall bear the following cautionary statement:
[GRAPHIC] [TIFF OMITTED] TP06OC08.075

    (ii) The advertising for any toy or game intended for children who 
are at least three years old but less than eight years of age that 
contains a marble shall bear the following cautionary statement:
[GRAPHIC] [TIFF OMITTED] TP06OC08.076

    (e) Abbreviated warnings for catalogues and other printed 
materials. Abbreviated versions of the required cautionary statements 
are permitted in each individual product advertisement, provided that 
these abbreviated cautionary statements are defined with full 
cautionary statements at the bottom or top of each catalogue page (or 
extending across the bottom or top of two facing catalogue pages if 
both pages contain products available for purchase).
    (1) If abbreviated cautionary statements are used in each 
individual product advertisement, the following cautionary statements 
shall be used:
    (i) For any article that would require the cautionary statement 
specified in 16 CFR 1500.20(d)(1):
[GRAPHIC] [TIFF OMITTED] TP06OC08.077

    (ii) For any article that would require the cautionary statement 
specified in 16 CFR 1500.20(d)(2):

[[Page 58069]]

[GRAPHIC] [TIFF OMITTED] TP06OC08.078

    (iii) For any article that would require the cautionary statement 
specified in 16 CFR 1500.20(d)(3)(i) or (ii):
[GRAPHIC] [TIFF OMITTED] TP06OC08.079

    (iv) For any article that would require the cautionary statement 
specified in 16 CFR 1500.20(d)(4)(i) or (ii):
[GRAPHIC] [TIFF OMITTED] TP06OC08.080

    (2) If abbreviated cautionary statements are used in each 
individual product advertisement, the following definitions shall 
appear at the bottom or top of each catalogue page (or extending across 
the bottom or top of two facing catalogue pages if both pages contain 
products available for purchase) that includes the abbreviated 
cautionary statement:
    (i) For any article that would require the cautionary statement 
specified in 16 CFR 1500.20(d)(1):
[GRAPHIC] [TIFF OMITTED] TP06OC08.081

    (ii) For any article that would require the cautionary statement 
specified in 16 CFR 1500.20(d)(2):
[GRAPHIC] [TIFF OMITTED] TP06OC08.082


[[Page 58070]]


    (iii) For any article that would require the cautionary statement 
specified in 16 CFR 1500.20(d)(3)(i) or (ii):
[GRAPHIC] [TIFF OMITTED] TP06OC08.083

    (iv) For any article that would require the cautionary statement 
specified in 16 CFR 1500.20(d)(4)(i) or (ii):
[GRAPHIC] [TIFF OMITTED] TP06OC08.014

    (f) Prominence and conspicuousness of labeling statements. The 
requirements of 16 CFR 1500.121 relating to the prominence and 
conspicuousness of precautionary labeling statements for hazardous 
substances shall apply to any labeling statement required under 16 CFR 
1500.20(d) and (e), with the following clarifications and 
modifications.
    (1) Catalogues and other printed materials.
    (i) All labeling statements shall be printed in type that is not 
smaller than 0.08 inches.
    (ii) All labeling statements shall be printed in type that is not 
smaller than the largest of any other statements or text, other than 
the product or article name, in the individual and adjacent product 
advertisements.
    (2) Internet Web sites.
    (i) All labeling statements shall be printed in type that is not 
smaller than the largest of any other statements or text, other than 
the product or article name, in the advertisement.
    (ii) All labeling statements shall be located immediately before 
any other statements or text in the advertisement that describes the 
function, use, or characteristics of the article being advertised (for 
example, the product description).
    (3) Safety Alert Symbol. Any safety alert symbol required by this 
section shall be an equilateral triangle. The height of the safety 
alert symbol shall be equal to or exceed the height of the letters of 
the signal word ``WARNING''. The height of the exclamation point inside 
the triangle shall be at least half the height of the triangle, and the 
exclamation point shall be centered vertically in the triangle. The 
safety alert symbol shall be separated from the signal word by a 
distance no larger than the space occupied by the first letter of the 
signal word. In all other respects, the safety alert symbol shall 
conform generally to the provisions of 16 CFR 1500.121 relating to 
signal words.
    Note: The following appendix will not appear in the Code of Federal 
Regulations:
List of Relevant Documents
    1. Memorandum from Robert Franklin, Directorate for Economic 
Analysis, to Barbara E. Parisi, Attorney, Office of General Counsel, 
``Economic Issues Associated with Section 105 of the Consumer Product 
Safety Improvements Act of 2008 (Concerning the inclusion of Cautionary 
Labeling for Toys and Games in Catalogs and Other Printed Materials),'' 
September 16, 2008.
    2. Memorandum from Timothy P. Smith, Engineering Psychologist, 
Division of Human Factors, Directorate for Engineering Sciences, to 
Barbara Parisi, Regulatory Affairs Attorney, Office of the General 
Counsel, ``Size and Placement of Cautionary Statements Specified in 
Section 105, Labeling Requirement for Advertising Toys and Games, of 
the Consumer Product Safety Improvement Act of 2008,'' September 15, 
2008.

    Dated: September 30, 2008.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
 [FR Doc. E8-23543 Filed 10-3-08; 8:45 am]
BILLING CODE 6355-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>