Do the new standards in the CPSIA, such as the new limits on lead-containing paint and lead content, phthalates and the like, preempt state laws that address the same risk of injury?

The new lead limits for lead paint and lead content preempt state law as do the new provisions on phthalates and ATVs. The provision mandating the voluntary toy safety standard ASTM F963-07 as a mandatory consumer product safety standard is also preemptive although there Congress has provided a mechanism to grandfather in certain existing state laws on toy safety. We will be addressing which of those state laws that are designed to deal with the same risk of injury as the ASTM F963-07 toy safety standard will remain in effect. However, in order to qualify for an exemption from preemption from a toy safety standard under ASTM F963-07, the state toy safety laws must have been in effect on August 13, 2008 and states had to submit them to CPSC by November 12, 2008.  more