Children's Product or Home Decor?

Sometimes I am truly amazed that I am still alive!  Growing up, I played on fallen trees in the forest behind our Pennsylvania home; I was carted around the county fair on a flimsy folding stroller; My favorite game included marbles; I drank out of plastic baby bottles probably laden with BPA; I know I chewed on the lead paint in my brothers die cast cars; and as a teenager, my bedroom door was decorated with a hippie–inspired pink and purple bead curtain.  Any one of those things alone would send CPSC, Consumer Reports and many Prop 65 prosecutors into a feeding frenzy!

Today the Consumer Product Safety Commission essentially told Target stores that they can’t market bead door curtains to children under 12 years of age. 

The strands of beads can be unintentionally manipulated during normal use to form a loop that could entangle or strangle a child.  There have been no deaths, but Target has received three customer reports of endangerment. The youngsters were 6, 9 and an unknown age, and all three suffered scratches and cuts from the beads grabbing onto their necks as they walked through the curtains.

The real problem was with how the door curtains were marketed.  The packaging demonstrated that there clearly was a known hazard.  The label reads: "Not for use in areas with children under 5 years of age. Plastic ornaments may pose strangulation or entanglement hazard. Not for use near cribs or playpens." The assembly guide also warned customers not to tie the bottom of the beaded curtains into loops.  The artwork on the packaging shows the curtains being used on a doorway that obviously was decorated like a young girl’s bedroom.

There is a lesson to be learned here.  If the beaded curtains had been clearly marketed for adults, and it was the parent who decided to put the beads over their child’s door – would a recall have been required in the event that scrapes and cuts had occurred on the children?  It was the manufacturer’s presentation of intended use in a child’s doorway that was at issue here.

Now personally I would never have considered door curtains as a children’s product, but the CPSC has been broadening their definition of what constitutes a children’s product since publishing their final interpretive rule for defining a children’s product.  These guidelines were created as a result of the total confusion caused by the Consumer Product Safety Improvement Act of 2008 (CPSIA). They were meant to clear the gray haze left by the CPSIA, in which a children’s product was defined broadly as “a consumer product designed or intended primarily for children 12 years of age or younger.”  In fact it created more questions than providing answers.  

What do you think?  

• When does home decor become a "children's product?'  
• What totally unsafe, but completely carefree activity did you participate in as a child, and live to tell about?