Choking Hazard Warnings on Toy Listings: 16 CFR 1500.19 and 1500.20 for Amazon Sellers

A toy needs a choking hazard warning on its package, and in any ad that lets a shopper buy it, when it falls into one of four groups: toys for ages 3 to under 6 that include a small part, latex balloons, small balls for ages 3 and up, and marbles for ages 3 and up (plus toys for ages 3 to under 8 that contain a small ball or marble). The package rule is 16 CFR 1500.19. The ad rule is Section 24(c) of the Federal Hazardous Substances Act (FHSA), 15 U.S.C. 1278(c), which names “advertisements on Internet websites” directly, and CPSC’s rule at 16 CFR 1500.20 counts a website where a consumer can buy online as a “direct means of purchase or order.”

Regulation text below is from the eCFR (up to date as of 2026-10-08) and the U.S. Code on govinfo.gov; data checked 2026-10-12. This guide gives the triggers, the exact statements, and the format rules. It does not decide which warning a specific toy needs.

When a Toy Needs a Choking Hazard Warning: The Four Triggers

Section 1500.20(d) applies the package list in 1500.19(b) to advertising: “Any toy or game that requires a cautionary statement about the choking hazard associated with small parts, balloons, small balls, or marbles must bear that cautionary statement in the product’s advertising if the advertising provides a direct means to purchase or order the product.”

Statement numbers follow 1500.20(e)(3). The definitions decide most cases:

• Small part: any object that “fits entirely within the cylinder shown in Figure 1 appended to 16 CFR part 1501” when tested under 1501.4(a) and 1501.4(b)(1). The cylinder’s dimensions are in that figure in 16 CFR part 1501.
• Small ball: a ball that, under its own weight, passes in any orientation entirely through a 1.75-inch (44.4 mm) circular hole in a rigid template 1/4 inch (6 mm) thick. “Ball” includes tethered balls and excludes dice and balls permanently enclosed in pinball machines or mazes.
• Latex balloon: excludes inflatable aquatic toys such as rafts, water wings, and swim rings.
• Marble: excludes a marble permanently enclosed in a toy or game, judged by the test in 16 CFR 1500.53.

The small parts trigger excepts paper articles, writing materials, modeling clay, paint sets, and other articles listed in 16 CFR 1501.3 other than balloons (1500.19(b)(1)).

The Six Full Cautionary Statements

The eCFR prints the statements in 1500.19 and 1500.20 as figures, and the eCFR image server did not return them on 2026-10-12. The wording below is from the statute as enacted, Public Law 103-267, section 101 (108 Stat. 722-724), now 15 U.S.C. 1278(a) and (b). Each appears under a triangle with an exclamation point and the signal word “WARNING:”.

Only the balloon statement names age 8, which is why the abbreviated format switches to “Not for under 8 yrs” whenever statement 2 applies.

On the package, 1500.19(d) requires English, statements blocked together on the principal display panel, an equilateral triangle, and minimum type sizes keyed to panel area; 1500.19(f) gives small packages (15 square inches or less) a multilingual side-panel option.

How 16 CFR 1500.20 Treats Online and Catalog Advertising

The ad duty sits in the statute. Under 15 U.S.C. 1278(c)(1)(A), any advertisement by a retailer, manufacturer, importer, distributor, or private labeler “(including advertisements on Internet websites or in catalogues or other printed materials)” that provides a direct means to buy a covered product “shall include the appropriate cautionary statement displayed on or immediately adjacent to that advertisement.”

Section 1500.20 implements that for print. Paragraph (b) says: “This rule addresses only catalogues and other printed materials; however, the CPSIA extends the requirements for cautionary statements to Internet advertisements as well. Internet advertisements must comply with Section 24 of the FHSA as amended by the CPSIA no later than December 12, 2008.”

Its definition still reaches the web. Section 1500.20(c)(6) defines direct means of purchase as “any method of purchase that allows the purchaser to order the product without being in the physical presence of the product,” including “Internet Web sites that enable consumers to purchase a product online or through the use of a telephone number or fax number provided on the Internet Web site.”

The statute also splits duties along the supply chain. A supplier “shall inform the retailer of any cautionary statement requirement applicable to the product” (1278(c)(1)(B)(i)), and a retailer that asked and received false or no information is not in violation (1278(c)(1)(B)(ii)). Section 1278(c)(4) treats a non-compliant ad as a prohibited act.

The Abbreviated Statement: How It Works in Catalogs

Section 1500.20(e) allows a short form in each product ad of a catalog or other printed piece, provided:

1. The full statements appear “Near the beginning of the catalogue, before any catalogue pages that contain advertisements of products available for purchase,” or “Adjacent to the ordering information or order form in the catalogue.”
2. Each page with an abbreviation states, at the bottom, where the full statements are, such as the page number.
3. The full statements are conspicuous, legible, and numbered 1 to 6 as in the table above.

The abbreviation has four parts under 1500.20(e)(4):

• A safety alert symbol substantially similar to Figure 7 (the triangle).
• The phrase “CHOKING HAZARD,” in capital letters.
• The applicable statement numbers, separated by commas in one set of parentheses, followed by a period.
• One age range, “Not for under 3 yrs” or “Not for under 8 yrs,” based on the most restrictive range among the product’s statements.

Built from those parts, a toy needing statements 1 and 2 would read: [triangle] CHOKING HAZARD (1,2). Not for under 8 yrs. The rule says that if a product requires the balloon statement, “the prohibited age range in the abbreviated cautionary statement shall be ‘Not for under 8 yrs.’” Figure 8 in the eCFR shows the official layout.

A statement shared by every product in a catalog, or on one page or two facing pages, may appear once in full with notice that it covers them all (1500.20(f)).

Does the abbreviation work on a website product page? The official page does not state that it does. Paragraph (e) is titled “Abbreviated warnings for catalogues and other printed materials” and depends on full statements printed elsewhere in the same catalog. For internet ads the governing text is the statute’s “on or immediately adjacent to that advertisement.”

Age Grading: Who Decides “3 to Under 6” or “Under 8”

Every trigger turns on intended age. Section 1500.19(c) lists the factors: “the manufacturer’s stated intent (such as the age stated on a label) if it is reasonable; the advertising, marketing, and promotion of the article; and whether the article is commonly recognized as being intended for children in this age group.”

So a listing’s title, bullets, images, and age field are evidence; a toy labeled 3+ but pictured with toddlers sends mixed signals.

The Small Parts Ban vs. the Warning Label

These are two different rules. The ban in 16 CFR part 1501 covers products intended for children under 3; CPSC’s small parts business guidance calls such products with small parts “banned hazardous substances.” A warning label does not cure a banned product. The warning in 1500.19 covers toys for ages 3 and up, plus latex balloons.

CPSC says the citation for the ban in section 2 of a Children’s Product Certificate is “16 CFR part 1501 – Small parts,” and that “The choking hazard warning label requirement does not need to be included in a CPC.” The same certificate data feeds CPSC eFiling where it applies. The warning sits alongside the general scheme in our FHSA labeling guide.

Where This Meets an Amazon Listing

A product detail page with a buy button is a website that enables online purchase under 1500.20(c)(6). This guide does not cover Amazon’s own toy or warning-field policies, which Amazon sets separately.

• Package photo vs. ad text. The package duty (1500.19) and the ad duty (1278(c)) are separate. The statute’s test for the ad is whether the statement is on or immediately adjacent to it.
• Language. The statement goes “in the primary language used in the advertisement.”
• Supplier answer. If you resell or private-label, ask the manufacturer in writing which statement applies; the retailer defense depends on having asked.
• Records. Documents in Manage Your Compliance and a certificate on file show what you knew.

Defect reporting under Section 15(b) and product liability insurance are separate tracks.

Checklist: Choking Hazard Warnings Before You List a Toy

1. Fix the intended age with the 1500.19(c) factors and align the listing’s age signals.
2. For under-3 toys, check the part 1501 small parts ban first.
3. Check for small parts (part 1501 cylinder), small balls (1.75-inch template), latex balloons, and marbles.
4. Match each trigger to statements 1 to 6.
5. Confirm the package carries the full statements in the 1500.19(d) format.
6. Put the matching statement on or immediately adjacent to the online ad.
7. Use the abbreviated form only in printed catalogs meeting 1500.20(e).
8. Keep the supplier’s written answer with the CPC.

Frequently Asked Questions

Does 16 CFR 1500.20 apply to internet advertising?

Its format rules cover print, but it says the CPSIA “extends the requirements for cautionary statements to Internet advertisements as well.” Under 15 U.S.C. 1278(c), the statement goes “on or immediately adjacent to” an ad offering a direct means of purchase.

Which toys need the “under 8” wording?

Only the latex balloon statement says “Children under 8 yrs.” In the abbreviated catalog form, any product needing the balloon statement uses “Not for under 8 yrs.” The ball and marble statements say “Not for children under 3 yrs.” even for toys aimed at ages 3 to under 8.

Does the choking hazard warning go on the Children’s Product Certificate?

No. CPSC says “The choking hazard warning label requirement does not need to be included in a CPC.” The small parts ban does go on it, cited as “16 CFR part 1501 – Small parts.”

Bottom Line

The rules ask four questions: the intended age, whether there is a small part, ball, marble, or latex balloon, which of the six statements applies, and whether that statement is on the package and on or immediately adjacent to every ad that lets someone buy. Read the eCFR text of 1500.20, 1500.19, and 15 U.S.C. 1278 before you decide.