The recall of millions of toys in 2007 led to the passage of new legislation called the Consumer Product Safety Improvement Act of 2008 (CPSIA). The act is intended to improve safety of children's products by enhancing warning label requirements, reducing allowable lead levels, and implementing new third party testing requirements.
 
Effects of the enhanced warning label requirements are perhaps the most visible to consumers. Under the Federal Hazardous Substances Act (FHSA), packaging for certain toys and games that pose choking hazards to children are required to display warning labels.  (http://www.cpsc.gov/BUSINFO/frnotices/fr09/lrtgafin.pdf)  Under the CPSIA, effective February 10, 2009, advertisements which provide a direct means of purchase or order of those products, including catalogs and internet sites, must similarly display warning labels.  (http://www.cpsc.gov/BUSINFO/frnotices/fr09/lrtgafin.pdf)  The warnings must be prominently displayed in conspicuous type so that they stand out in the advertisement to warn consumers of serious dangers prior to purchase.
 
 Under the FHSA, cautionary statements on packaging are specifically tailored to warn of different types of choking hazards posed by different types of products.  Likewise the CPSIA requires when a product's packaging must have a specific cautionary statement regarding a choking hazard, advertising offering a direct means of purchase or order must now bear the same cautionary statement.  For example, if the product poses a choking hazard because it contains a small ball, both product packaging and covered advertising must show a warning label stating the same.  Similarly, where a cautionary statement advising of a choking hazard because of small parts is required on product packaging, covered advertising for the product must now bear the same cautionary statement, and so on.
 
Warning labels do not, however, indicate the levels of lead toys may contain.  Nor do they give indication of the type of testing or level of scrutiny their production processes or end products have been subjected to.
 
Over the span of three years, the CPSIA designates a reduction in allowable amounts of lead in products intended primarily for children 12 and under from 600 ppm on February 10, 2009, to 300 ppm on August 14, 2009, to 100 ppm on August 14, 2011.  (http://www.cpsc.gov/ABOUT/Cpsia/sect101.html)  Toy packaging is not required, however, to display labels indicating what level of lead the product contains, and retailers are allowed to clear inventory by selling products up until the effective date. So, for example, products containing lead levels of up t 600 ppm could have legally been sold by retailers up until August 14, 2009, but not after.  Also notable, inaccessible parts of toys are excluded from the new rule regarding allowable lead levels.   (http://www.cpsc.gov/businfo/frnotices/fr09/leadinaccessibilityfinalrule.pdf) 
 
 The CPSIA backs up its demand for lower lead levels in toys through implementation of a better tracking label system (http://www.cpsc.gov/ABOUT/Cpsia/sect103.html) and new requirements for third party testing of toys.  The Consumer Product Safety Commission, however, recently granted one company an exemption to the third party testing requirement.  Mattel, unlike other toy manufacturers, will be allowed to perform testing through its own labs.  In August 2007, Mattel made history by announcing the biggest recall in history, recalling over 18 million toys.  (http://www3.signonsandiego.com/stories/2009/aug/28/1n28mattel00234-mattel-has-exemption-law-toy-testi/?uniontrib)  (http://www.nytimes.com/2007/08/15/business/worldbusiness/15imports.html?ex=1344830400&en=18d94724a4755843&ei=5090&partner=rssuserland&emc=rss) 
 
The CPSIA's requirement that warning labels be displayed along with product advertising provides another added layer of safety for toys, but in the end, being an informed consumer perhaps offers to best protection.