§ 1278. Requirements for labeling certain toys and games

• (a) Toys or games for children who are at least 3
  • (1) Requirement

    The packaging of any toy or game intended for use by children who are at least 3 years old but not older than 6 years (or such other upper age limit as the Commission may determine, which may not be less than 5 years old), any descriptive material which accompanies such toy or game, and, in the case of bulk sales of such toy or game when unpackaged, any bin, container for retail display, or vending machine from which the unpackaged toy or game is dispensed shall bear or contain the cautionary statement described in paragraph (2) if the toy or game -

    • (A) is manufactured for sale, offered for sale, or distributed in commerce in the United States, and
    • (B) includes a small part, as defined by the Commission.
  • (2) Label

    The cautionary statement required by paragraph (1) for a toy or game shall be as follows: *** ILLUSTRATION OMITTED ***

• (b) Balloons, small balls, and marbles
  • (1) Requirement

    In the case of any latex balloon, any ball with a diameter of 1.75 inches or less intended for children 3 years of age or older, any marble intended for children 3 years of age or older, or any toy or game which contains such a balloon, ball, or marble, which is manufactured for sale, offered for sale, or distributed in commerce in the United States -

    • (A) the packaging of such balloon, ball, marble, toy, or game,
    • (B) any descriptive material which accompanies such balloon, ball, marble, toy, or game, and
    • (C) in the case of bulk sales of any such product when unpackaged, any bin, container for retail display, or vending machine from which such unpackaged balloon, ball, marble, toy, or game is dispensed, shall bear or contain the cautionary statement described in paragraph (2).
  • (2) Label

    The cautionary statement required under paragraph (1) for a balloon, ball, marble, toy, or game shall be as follows:

    • (A) Balloons

      In the case of balloons, or toys or games that contain latex balloons, the following cautionary statement applies: *** ILLUSTRATION OMITTED ***

    • (B) Balls

      In the case of balls, the following cautionary statement applies: *** ILLUSTRATION OMITTED ***

    • (C) Marbles

      In the case of marbles, the following cautionary statement applies: *** ILLUSTRATION OMITTED ***

    • (D) Toys and games

      In the case of toys or games containing balls, the following cautionary statement applies: *** ILLUSTRATION OMITTED *** In the case of toys or games containing marbles, the following cautionary statement applies: *** ILLUSTRATION OMITTED ***

• (c) General labeling requirements
  • (1) In general

    Except as provided in paragraphs (2) and (3), any cautionary statement required under subsection (a) or (b) of this section shall be -

    • (A) displayed in its entirety on the principal display panel of the product's package, and on any descriptive material which accompanies the product, and, in the case of bulk sales of such product when unpackaged, on the bin, container for retail display of the product, and any vending machine from which the unpackaged product is dispensed, and
    • (B) displayed in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on such package, descriptive materials, bin, container, and vending machine, and in a manner consistent with part 1500 of title 16, Code of Federal Regulations (or successor regulations thereto).
  • (2) Exception for products manufactured outside United States

    In the case of a product manufactured outside the United States and directly shipped from the manufacturer to the consumer by United States mail or other delivery service, the accompanying material inside the package of the product may fail to bear the required statement if other accompanying material shipped with the product bears such statement.

  • (3) Special rules for certain packages
    • (A) A cautionary statement required by subsection (a) or (b) of this section may, in lieu of display on the principal display panel of the product's package, be displayed on another panel of the package if -
      • (i) the package has a principal display panel of 15 square inches or less and the required statement is displayed in three or more languages; and
      • (ii) the statement specified in subparagraph (B) is displayed on the principal display panel and is accompanied by an arrow or other indicator pointing toward the place on the package where the statement required by subsection (a) or (b) of this section appears.
    • (B)(i) In the case of a product to which subsection (a) of this section, subsection (b)(2)(B) of this section, subsection (b)(2)(C) of this section, or subsection (b)(2)(D) of this section applies, the statement specified by this subparagraph is as follows: *** ILLUSTRATION OMITTED *** (ii) In the case of a product to which subsection (b)(2)(A) of this section applies, the statement specified by this subparagraph is as follows: *** ILLUSTRATION OMITTED ***
• (d) Treatment as misbranded hazardous substance

  A balloon, ball, marble, toy, or game, that is not in compliance with the requirements of this subsection shall be considered a misbranded hazardous substance under section 1261(p) of this title.