On June 4, 2009, the General Counsel of the Consumer Product Safety Commission (“CPSC”), with the approval of the CPSC Commissioners, ruled that:

…the vast majority of pens and roller ball pens are not primarily intended for children, whether or not they are sold for use in schools.  A “general purpose” pen would not need exclusion from the lead limits because such pens are not “children’s products.”  

Letter at page 2.

The ruling went on to state:

…the majority of “novelty pens” are not considered to be primarily intended for children.  Even if a pen were colorful, decorated or embellished, such colors, decorations or embellishments, alone, might not result in a “children’s product.”

Letter at page 2.

Accordingly, the CPSC’s position is that most pens and roller ball pens are NOT children’s products and, therefore, not subject to the total lead standard in Section 101 of the CPSIA.  

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