GAO report says CPSC needs to do more to enforce lead limits in imported children's food

The Consumer Product Safety Commission should do more to enforce regulations related to lead in imported children’s food, according to a report from the Government Accountability Office.

The GAO report said it is particularly important for the commission to watch for problems with third-party testing labs. The commission checks the certificates while examining products, but with millions of shipments entering the United States it’s hard to enforce compliance, the GAO acknowledged.   

In July, the commission will begin requiring companies sending children’s food and other children’s products to the United States to electronically submit reports from private and foreign government labs, but it is not clear how those reports will be verified.

“The CPSC (Consumer Product Safety Commission) could take additional steps to assess risks posed by the labs it approves to do the testing,” according to the GAO report.

Officials with the CPSC say e-filing may help address challenges, such as delays in completing examinations when importers lack lab testing documentation. However, the GAO review found the CPSC has not developed an oversight plan to ensure that importers file timely, accurate data. Establishing such a plan would help the CPSC ensure that e-filing achieves its intended objectives, such as making targeting more effective and examinations more efficient, according to the GAO.

Further, the GAO found that the CPSC has review processes to verify that third-party labs that test children’s products meet its accreditation and other requirements, but does not proactively analyze data across all types of labs to assess potential risks, such as inaccurate testing or misreported results. 

“CPSC recently began analyzing violations data for labs owned by manufacturers to better evaluate their safeguards from undue influence, but it does not do so for independent or government labs. By better leveraging its violations data for these labs, CPSC would be better positioned to identify and address potential problems associated with all types of labs, which could help prevent violative products from entering the market,” the GAO report states.

“CPSC has reviewed and updated some testing requirements for children’s products, but not its requirements for lead. The Consumer Product Safety Improvement Act of 2008 requires CPSC to review its lead requirements at least every 5 years, however, it has not done so. 

“In addition, CPSC does not have written procedures for how staff should monitor changes related to toxic substances in children’s products. By reviewing its lead requirements and documenting a process for staying up-to-date on toxic substances, CPSC could help ensure that it does not miss opportunities to strengthen its standards and protect children from harm.”

The GAO had four specific recommendations for the CPSC to ensure that imported food for children and other children’s products do not exceed lead limits. The CPSC agreed with the recommendations and indicated it would implement them.

The recommendations are: 

• establish a plan to oversee compliance with e-filing requirements;
• establish a process for using violations data to assess risks associated with independent and government labs: 
• review its lead requirements and document a process for completing lead reviews every 5 years; and 
• document a process for staying up-to-date on changes related to phthalates and other toxic substances.