The four factors
Updated
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Factor A, your statements
"A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable." Note the qualifier: if such statement is reasonable.
Which means a disclaimer is not a switch
A label saying a glittery unicorn pendant is intended for adults is a statement, and the statute asks whether it is reasonable. An unreasonable statement does not carry the factor.
Factor B, the packaging
"Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger."
So the box is evidence
Color, imagery, typography, the words on it, and what it sits beside on a display. A packaging decision taken for aesthetic reasons is read as a representation about who the product is for.
Which is why this property exists
Everywhere else in this library the regulatory status comes first and the packaging follows. Here the packaging is one of the inputs, and a supplier who does not say so is leaving out the most useful thing they know.
Factor C, common recognition
"Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger." Entirely outside your control and entirely relevant.
Factor D, the Guidelines
"The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines." A published document rather than a judgment call, and the one factor you can go and read.
The factors are read together
Not scored. Three pointing one way and one the other is a situation to resolve rather than a majority verdict, and the resolution is usually to change the one that is out of line.
Primarily is the operative word in the definition
Designed or intended primarily for children 12 and under. A product with genuine adult appeal that some children also like is a different case from one aimed at children.
Decide it once and align everything
The statements, the packaging, the display and the advertising. Four factors, one decision, and the cost of making it deliberately is a couple of hours.