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Who decides, and when

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A craft seller usually finds out after somebody asks, which is the wrong time.

The definition is objective

A consumer product designed or intended primarily for children 12 years of age or younger. Intended is read from evidence rather than from what you meant.

Which is what the four factors are for

Your statements, your packaging and promotion, common recognition by consumers, and the Commission's Age Determination Guidelines. Three of the four are about how the thing looks to other people.

So the determination is made about you

Not by you. You can influence every one of the four factors and you cannot be the one who settles it, which is an uncomfortable and accurate way to put it.

The honest version of the question

Would a reasonable person looking at this piece, in this packaging, at this stall, think it was made for a child. If the answer is maybe, you have a decision to make rather than a fact to look up.

Jewelry is a hard case

Small, colorful, cheap and often made in sizes that fit a child. A resin pendant with a dinosaur inside it is not obviously an adult product.

And the usual craft answer is ambiguity

A table with everything on it, no age statements anywhere, and packaging that does not say either way. Ambiguity is not a position; it leaves the factors to be read by somebody else.

Deciding deliberately is the whole of the fix

Either the line is for children, with the testing and marking that follows, or it is not, and the packaging, the statements and the sizing say so consistently.

Consistency across the four factors is the point

An adult line with a label saying "not a toy" and packaging covered in cartoon animals is still being represented as appropriate for children by one of the four factors.

And a small seller is not exempt

The obligations attach to the manufacturer of a children's product, and the statute does not have a craft fair exception. Volume affects practicality rather than application.

What this property can do

Tell you the factors, tell you what follows, and tell you which of them your packaging choice touches. The determination is yours to make and somebody else's to review.

References

15 U.S.C. 2052(a)(2) defines a children's product as "a consumer product designed or intended primarily for children 12 years of age or younger" and gives four factors for the determination: "(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. (C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. (D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines." law.cornell.edu
Written from 15 U.S.C. 2052(a)(2), 15 U.S.C. 2063(a)(5) and 15 U.S.C. 1278a, and from the catalog as it stood on 18 October 2026. Whether a particular piece is a children's product, and whether a particular encapsulation is an inaccessible component part, are determinations this property raises and does not make. State jewelry laws and voluntary standards for children's jewelry sit on top of everything here.