Do the advertising requirements of section 105 of the CPSIA apply to toys manufactured for children under three years old, in which there are no choking hazards?
No. The advertising requirements apply to the same products whose packaging requires cautionary statements under sections 24(a) and (b) of the Federal Hazardous Substances Act (FHSA). Section 24(a) applies to 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. (Please see sections 24(a) and (b) of the FHSA and 16 CFR 1500.19 for the precise labeling requirements).
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