When shopping for baby gear and toys it is natural to prioritize convenience and cost, both essential to families and caregivers. However, many are unaware of the hidden risks associated with these purchases. A significant number of baby products sold through online marketplaces bypass the rigorous safety regulations and third-party testing requirements mandated for these items due to a regulatory loophole known as the de minimis exemption. According to a White House report, the number of shipments entering the United States claiming the de minimis exemption has increased significantly, from approximately 140 million a year to over one billion each year over the last ten years.
Wait...what’s the de minimis exemption? First, let’s zoom out. (We’ll get there soon!) The bad news is that the growth in inexpensive, direct-to-consumer offers can put children at risk. The good news is there are plenty of safe, wonderful products out there if you know where to look for them.
“Baby products are highly regulated because infants and children are among the most vulnerable populations; every detail matters, including materials selection, structural and functional design elements and built-in safety features,” explains Mary Beth Schneider, who serves as General Counsel for Kids2, whose portfolio includes the brands Baby Einstein™, Bright Starts™, Ingenuity™, and SwaddleMe™. These items must “be tested by a third-party laboratory to make sure they meet all applicable laws and regulations, which are different according to category,” says Schneider.
The Consumer Product Safety Improvement Act (CPSIA) of 2008 is a landmark U.S. law designed to enhance the safety of consumer products with particular focus on those intended for children. The CPSIA imposes strict regulations, enforcement measures and, importantly, third-party testing requirements for all children’s products. The testing must be conducted by a laboratory accredited by the Consumer Products Safety Commission (CPSC) and manufacturers and importers must produce a Children’s Product Certificate (CPC) certifying compliance with these mandates. “Compliance with the CPSIA is an essential step in assuring parents and caregivers that their items meet important safety standards,” says Schneider.
Third-party testing is an essential, and costly, component of the research and development process. “Having products tested by an accredited third-party laboratory ensures that they have undergone thorough, standardized evaluations to minimize risks and protect children’s health and well-being,” Schneider explains. When manufacturers bypass this step, typically to save money, they risk releasing products that are not safely designed or adequately evaluated, putting children at unnecessary risk.
But there’s a loophole. According to the National Foreign Trade Council, “The De Minimis Tax Exemption is a law that Congress passed on a bipartisan basis that allows shipments bound for American businesses and consumers valued under $800 (per person, per day) to enter the U.S. free of duty and taxes.” These goods now account for most of the cargo entering the U.S., according to U.S. Customs and Border Protection, and the flood is only picking up steam. The agency processes about 4 million de minimis shipments every day.
It means those super cheap items, often for sale on third party marketplaces (as opposed to reputable retailers), might not meet U.S. safety standards that are meant to protect kids. The de minimis exemption can enable foreign businesses to undercut U.S. retailers and avoid safety requirements.
“You might think safety gates are all the same, but they’re not,” urges Schneider. “With babies, there’s no margin for error. It’s one thing to buy a belt, another to buy a safety gate, a stroller, a walker, a safety gate. A child could get hurt.” When it comes to the safety of our kids, it’s worth going the extra mile.
At Kids2, Schneider says, “there’s an incredibly robust program to ensure overarching safety and compliance.” From the initial development of a product through its design and engineering and beyond, safety checks are an integral part of the process. (In Schneider’s words, “not only do you have to build a product that is safe and compliant, but you also have to make sure it continues to be compliant.”) At multiple touchpoints, quality review boards conduct thorough assessments. By the time a product goes to market, it has been tested again and again.
Since not all companies are so scrupulous, here’s how parents can make sure the products they buy for their family are as safe as possible:
Here’s to happy, fun, and above all, safe goods for the most important people in our lives.
Hannah Howard
Auteur