Are 1/24 scale diecast cars toys?

Are 1/24 scale diecast cars toys?

The short answer to this question is “NO.”  The long answer is that all 1/24 scale diecast model cars our company markets do NOT meet the Consumer Product Safety Commission (CPSC)’s definition of a “children’s product,” and therefore, they are NOT within the scope of the Consumer Product Safety Improvement Act (CPSIA).  Only children’s products (i.e. “toys” primarily targeting children 12 years of age or younger) are subject to CPSIA, which mandates requirements such as:

• Mandatory third-party testing.
• Compliance with ASTM F963 (the mandatory toy safety standard).
• Permanently printed tracking labels on the items.
• Issuances of Children’s Product Certificates (CPC). 

This conclusion is  based on my 33+ years in marketing toys and collector diecast model cars, and my understanding of CPSIA, ASTM F963, CPSC’ Age Determination Guidelines, and Title 16 of the Code of Federal Regulations (CRF) which deal with Commercial Practices, including any new rulings the Commission has made that pertain to diecast model cars.

The CPSC’s key regulatory term is a “Children’s Product,” which is defined as: “A consumer product designed or intended primarily for children 12 years of age or younger.”  1/24 scale diecast model cars our company markets are classified as “General Use Products,” intended primarily for consumers older than the age of 12. To determine if a product is "designed or intended primarily for children 12 years of age or younger," the CPSC considers four factors together as a whole. The 1/24 scale diecast models we market are intended to be displayed on a shelf or a stand and NOT to be played roughly with, which is common for boys age 12 and younger.  The Commission states a good example: Your car keys can serve as a toy to entertain children ages 12 and younger, but just because babies and toddlers might enjoy playing with car keys, their use of car keys doesn’t constitute that it is now a “Children’s Product”. Likewise, with 1/24 scale diecast model cars, though it can be improperly given to children to enjoy, their use or enjoyment of the 1/24 scale diecast car does classify it as a “Children’s Product.”  CPSC uses these four factors in determining whether it is a “Children’s Product”:

In conclusion, the detailed, relatively high-cost, and fragile nature of a typical 1/24 scale diecast car is specifically what allows it to be categorized as a "General Use Product" and designed primarily for consumers older than 12 (e.g., teenagers, young adults, middle-age adults and seniors), thereby exempting it from the strict, expensive testing required for “Children’s Products.” Furthermore, the presence of small, intricate parts is a choking hazard when dropped can break and pose a choking hazard and further supports my claim that 1/24 scale diecast cars’ primary target age range is for person 8 to 108 years of age; And NOT children ages 12 and younger. 

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