Can you resell recalled products, used cribs, car seats or vintage toys?
Not while it is under recall: 15 U.S.C. 2068 makes it unlawful for any person to sell or offer for sale a product subject to a CPSC order or to a voluntary recall the CPSC has announced, and the CPSC says that reaches resellers, online sellers and yard sales alike, though it says an item fixed with the recall's own remedy can be sold if the listing says so.
Used children's items have date lines of their own: a crib sold since June 28, 2011 must meet the federal crib standard however old it is, the lead content limits don't apply to a used children's product as 15 U.S.C. 1278a(b)(7) defines one (children's metal jewelry, and items the seller knows exceed the limits, excepted), and the lead paint ban in 16 CFR 1303 covers toys made after February 27, 1978.
Sources read on ; quotes are copied word for word from the saved copies.
The rule, in its own words
“It is unlawful to offer recalled products for sale under Section 19 of the Consumer Product Safety Act (15 U.S.C. § 2068), so having the recalled product in inventory is a violation of federal law.”
“…subject to voluntary corrective action taken by the manufacturer, in consultation with the Commission, of which action the Commission has notified the public…”
“Among other things, this includes all consumer products sold online – everything from products sold directly by the original manufacturer or importer, to products sold secondhand by a consumer in an online marketplace.”
“Yes, you can sell the product as long as the remedy has been applied. The sales listing should make it clear that the remedy is included.”
Recalled products: what the statute covers
Section 19 of the Consumer Product Safety Act, 15 U.S.C. 2068(a)(2), names the products no person may sell, offer for sale, distribute in commerce or import: one subject to an order under section 2061 or 2064 (what the CPSC's guide calls a Commission ordered recall), one subject to a manufacturer's voluntary corrective action taken in consultation with the CPSC, once the CPSC has notified the public or the seller knew or should have known of it, and a banned hazardous substance.
“Resellers are required by law to know the recall status of the products they sell.”
A product's condition doesn't change that. Asked whether a recalled product that is in good shape and has caused no problems can be sold, the CPSC answers "No, selling recalled products is unlawful." The way out it does give is the recall's own remedy: once the repair, part or fix named in the recall notice has been applied, the item can be sold, and the listing should say the remedy is included.
Sources for this section: 15 U.S.C. 2068(a)(2)(B)-(D); CPSC Resellers Guide, inside cover and pp. 1-4; CPSC online-sales FAQ, selling recalled products.
Used cribs: the June 28, 2011 line
“This part establishes a consumer product safety standard for new and used full-size baby cribs.”
Compliance has been required since June 28, 2011, and 1219.1(b)(1) applies it to the sale and resale of a new or used full-size crib on or after that date, whenever the crib was made. Part 1220 does the same for non-full-size cribs, which include portable cribs and crib pens (1220.1(c)(1)(iv)); mesh, net and screen cribs, cradles, car beds, baby baskets and bassinets are outside part 1220 (1220.1(c)(1)(v)), and the CPSC's guide says play yards and bassinets with mesh sides fall under other regulations instead.
The statute behind both parts reaches resale directly. 15 U.S.C. 2056a(c)(1) makes it a violation of section 2068(a)(1) for a covered person to sell, resell or offer a crib that doesn't meet the standard; 2056a(c)(2)(C) covers anyone who "is in the business of contracting to sell or resell, lease, sublet, or otherwise place cribs in the stream of commerce"; and 2056a(c)(4) says a crib includes new and used cribs.
“For cribs manufactured before June 28, 2011, retailers should destroy any full-size crib (with or without drop sides) and should not resell it unless the seller has written proof that the crib meets the applicable requirements.”
“Absolutely no drop-side cribs in the used marketplace—even if immobilized with new hardware—can meet the standard and, therefore, must be destroyed…”
Which edition of the standard. 16 CFR 1219.2 now incorporates ASTM F1169-25, approved Dec 15, 2025 (amended at 91 FR 23913, May 4, 2026), while the CPSC's February 2025 guide names F1169-19. The statute limits who a later edition binds: after the first standard, "paragraph (1) shall apply only to a person that manufactures or imports cribs, unless the Commission determines that application to any other person described in paragraph (2) is necessary" (2056a(c)(3)). The texts quoted here don't say which edition a resold crib is measured against; the guide names the CPSC's Small Business Ombudsman for questions about requirements.
Sources for this section: 16 CFR 1219.1(a)-(b), 1219.2; 16 CFR 1220.1(b)-(c); 15 U.S.C. 2056a(c)(1)-(4); CPSC crib FAQ, re-selling cribs; CPSC online-sales page, Baby Cribs; CPSC Resellers Guide, Cribs, p. 15.
Vintage toys and lead: three rules, three different lines
Lead in the material. 15 U.S.C. 1278a(a) treats a children's product with more lead than its limit as a banned hazardous substance, and the CPSC's guide gives the limit as 100 ppm in any accessible part. That 100 ppm limit took effect 3 years after Aug 14, 2008 (1278a(a)(2)(C)), which is Aug 14, 2011, and 1278a(a)(3) applies it only to a children's product "that is manufactured after the effective date of such respective limit"; the older 600 and 300 ppm limits in (a)(2)(A)-(B) are excepted from that date rule. Then the statute takes most used items out:
“The lead limits established under subsection (a) shall not apply to a used children’s product.”
A used children's product, in 1278a(b)(7)(B), is one the seller got for use rather than for resale, one "obtained by the seller, either directly or indirectly, from a person who obtained such children’s product for use and not for the purpose of resale", or one donated to the seller for charitable distribution or resale. It never includes children's metal jewelry, "any children’s product for which the donating party or the seller has actual knowledge that the product is in violation of the lead limits in this section", or a product or category the CPSC excludes after notice and a hearing. The CPSC's guide states the lead limits without that exclusion: its lead page says children's products "can only be sold if they meet the following lead limits", and it tells resellers:
“Resellers cannot knowingly sell any children’s product or painted furniture that does not comply with the lead limits.”
Lead in the paint. 16 CFR 1303 bans toys and other articles intended for use by children, and furniture articles for consumer use (1303.1(a)(2)), that bear paint with more than 0.009 percent lead (90 ppm; the old 0.06 percent limit was cut effective Aug 14, 2009), with no exemption in 1303.3 for used items. Its reach is set by when the toy was made: "This ban applies to the products in the categories described in paragraph (a) of this section that are manufactured after February 27, 1978" (1303.1(b)).
Toys made on or before February 27, 1978. The older Federal Hazardous Substances Act rule is left in place for them: 16 CFR 1500.17(a)(6)(iii) revokes it only as to products manufactured after that date. Its line turns on shipment, not manufacture: a toy that "Is shipped in interstate commerce after December 31, 1972, and bears any paint or other similar surface-coating material containing lead compounds" over 0.5 percent of the dried paint film is a banned hazardous substance (1500.17(a)(6)(ii)(B)). A lower 0.06 percent line, (ii)(A), carries an eCFR note that its effective date was stayed by an order published Aug 10, 1972 (37 FR 16078); the texts quoted here say nothing more about that stay. Selling a banned hazardous substance is itself a prohibited act (15 U.S.C. 2068(a)(2)(D)).
Is it a children's product at all? The lead content limits start there, with the Consumer Product Safety Act's definition: "The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger" (15 U.S.C. 2052(a)(2)). The paint rule uses its own words: toys and other articles intended for use by children are "those toys and other articles which are intended to be entrusted to or for use by children", which "would not include all articles to which children might have access simply because they are present in a household" (16 CFR 1303.2(b)(3)). The Act's factors for a children's product include the maker's statement of intended use, whether consumers commonly recognize it as meant for a child that age, the CPSC's age guidelines, and "Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger." On the CPSC's list of items it calls OK to sell, after a recall check, are "Vintage children’s books and other collectibles not considered primarily intended for children."
Sources for this section: 15 U.S.C. 1278a(a), (b)(7); 16 CFR 1303.1(a)-(b), 1303.2(b)(3), 1303.3, 1303.4; 16 CFR 1500.17(a)(6)(ii)-(iii) and its note; 15 U.S.C. 2068(a)(2)(D); 15 U.S.C. 2052(a)(2); CPSC Resellers Guide, Children's Products and Lead in Children's Products, pp. 5, 9-10.
The date lines, item by item
| Item | Made | The line | What the text says | Source |
|---|---|---|---|---|
| Painted wooden pull toy for a toddler | April 1975 | Made after Feb 27, 1978? (16 CFR 1303.1(b)) | No: part 1303 doesn't reach it; 16 CFR 1500.17(a)(6)(ii)(B) does, at 0.5 percent lead in the paint, for a toy shipped in interstate commerce after Dec 31, 1972. | 16 CFR 1500.17(a)(6)(ii)(B), (iii) |
| Painted toy fire truck | September 1986 | Made after Feb 27, 1978? (16 CFR 1303.1(b)) | Yes: part 1303 applies, so no paint or surface coating over 0.009 percent (90 ppm) lead. | 16 CFR 1303.1(a)-(b) |
| Full-size crib, fixed sides | November 2009 | Made after June 28, 2011? (CPSC crib guidance) | No: the CPSC says destroy it, and don't resell it unless you have written proof it meets the applicable requirements. | CPSC crib FAQ, re-selling cribs |
| Full-size crib, fixed sides | March 2014 | Made after June 28, 2011? (CPSC crib guidance) | Yes: the CPSC says assemble it and make sure it has all its parts, including every screw and piece of hardware. | CPSC crib FAQ, re-selling cribs |
Sources for this section: 16 CFR 1303.1(b); 16 CFR 1500.17(a)(6)(ii)(B), (iii); CPSC crib FAQ, re-selling cribs.
Edge cases
- Broken nursery items, recalled or not. The CPSC's guide says not to sell nursery furniture or durable infant and toddler products, such as play yards, infant walkers, bath seats and toddler bed rails, that are broken, wobbly, unstable or missing parts, even if they have not been recalled, and not to repair them with other screws or hardware. (CPSC Resellers Guide, The Basics, pp. 1-2)
- No tracking label. Children's products must carry tracking information on the product and its packaging, and the CPSC recommends not reselling a children's product without a tracking label permanently fixed to it. (CPSC Resellers Guide, Children's Products, p. 6)
- Refurbishing changes your role. The CPSC's guide says refurbished and upcycled products must meet the same requirements as new ones, and "Refurbishers and upcyclers are considered manufacturers by the CPSC." A manufacturer of a children's product under a children's product safety rule is responsible for third-party testing, labeling and certification. (CPSC Resellers Guide, Upcycled/Refurbished Goods, p. 52)
- Phthalates follow the lead approach. The guide says resellers aren't required to test toys and child care articles for the restricted phthalates but can't knowingly sell ones over the limits, and that CPSC enforcement focuses on bath toys and other small plastic toys for young children, especially PVC ones that can be put in the mouth. (CPSC Resellers Guide, Phthalates in Children's Toys and Child Care Articles, p. 11)
- Listings get removed. The CPSC says its e-commerce team searches websites for recalled and banned products and, when it finds one listed, has the website remove the listing; it adds that many online sales platforms prohibit selling recalled products. (CPSC online-sales FAQ, e-commerce monitoring)
What to do
- Before you buy anything for resale, and again before you list it, search the brand and model at cpsc.gov/recalls; the CPSC also points to SaferProducts.gov and its recall app.
- If it was recalled, apply the remedy in the recall notice and say so in the listing, or don't sell it: the CPSC's guide says a recalled, hazardous or noncompliant product should be destroyed, not sold or given away.
- For a crib, read the manufacture date on its label. Made before June 28, 2011: don't sell it without written proof it meets the requirements. Drop-side: don't sell it.
- For painted toys and children's furniture, note the manufacture date, don't sell a piece you have reason to suspect carries excess lead (the guide says destroy it), and ask the maker for a Children's Product Certificate rather than trusting a home lead test kit.
- Don't sell children's metal jewelry unless you can show it meets the 100 ppm lead limit: the guide says it must be tested.
- If you learn that something in your own stock violates the law or presents a hazard, the guide says to inform the CPSC immediately; a recalled product you see listed elsewhere can be reported through SaferProducts.gov.
Sources for these steps: CPSC Resellers Guide, Steps for Success and Lead in Children's Products, pp. 3-4, 9; CPSC online-sales FAQ, recalled products; CPSC crib FAQ, re-selling cribs.
Penalties, as the statute states them
The Consumer Product Safety Act's civil penalty reaches a person who knowingly violates section 2068, and the same paragraph caps a related series of violations at $15,000,000 (15 U.S.C. 2069(a)(1)). The dollar figures in this section are the statute's base amounts: 2069(a)(3) has the CPSC publish inflation-adjusted maximums in the Federal Register every five years. For a sale that violates 2068(a)(1) or (2) by a seller that isn't the maker, private labeler or a distributor of the products, and that had neither actual knowledge the sale violated those paragraphs nor notice from the CPSC, the rule counting each product as a separate offense doesn't apply (2069(a)(2)).
“Any person who knowingly violates section 2068 of this title shall be subject to a civil penalty not to exceed $100,000 for each such violation.”
“…the term “knowingly” means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances…”
Questions
What does the CPSC say about used car seats?
Only this, for car seat/carrier combinations: the CPSC's Resellers Guide tells resellers to contact the maker about a CPSC- or NHTSA-recalled one, which may be repairable, or else destroy it, and to check with NHTSA whether the carrier's expiration date has passed. The Consumer Product Safety Act's definition of consumer product leaves out motor vehicle equipment (15 U.S.C. 2052(a)(5)(C)), and NHTSA's website isn't one this site can read automatically, so no NHTSA rule is quoted here and this page doesn't say whether a used car seat that isn't recalled may be sold.
Sources: CPSC Resellers Guide, Hand-Held Infant Carriers (Including Car Seat/Carrier Combination), p. 17; 15 U.S.C. 2052(a)(5)(C).
If a recalled item works fine, can I sell it as is?
No: asked about a recalled product in good shape that has caused no problems, the CPSC answers that selling recalled products is unlawful, and the exceptions in 15 U.S.C. 2068(b) (a compliance certificate, or good-faith reliance on a maker's or distributor's statement that no product safety rule applies) say nothing about as-is sales. The exception the CPSC does give is an item fixed with the recall's remedy, with the listing saying so.
Sources: CPSC online-sales FAQ, a recalled product in good shape; 15 U.S.C. 2068(b).
Do I have to test used toys for lead?
No: the CPSC's guide says resellers aren't required to test for the lead limits, though they can't knowingly sell a children's product that doesn't meet them, and children's metal jewelry must be tested. It also warns that commercial lead test kits are generally unreliable and points to a manufacturer's Children's Product Certificate or X-ray fluorescence screening instead.
Sources: CPSC Resellers Guide, Lead in Children's Products, p. 9.
Is a vintage toy a children's product?
It depends on the four factors in 15 U.S.C. 2052(a)(2): the maker's statement about intended use, how the product is represented in packaging, display, promotion or advertising, whether consumers commonly recognize it as meant for a child 12 or younger, and the CPSC's age guidelines. The CPSC's guide treats collectibles not considered primarily intended for children as OK to sell after a recall check.
Sources: 15 U.S.C. 2052(a)(2)(A)-(D); CPSC Resellers Guide, Lead in Children's Products table, p. 10.
Can I sell a crib made before June 2011 if it was never used?
Not on that basis alone: part 1219 covers new and used full-size cribs alike, and the CPSC says a crib made before June 28, 2011 shouldn't be resold without written proof it meets the requirements. Its crib guidance for child care providers names a Children's Product Certificate or a test report from a CPSC-accepted third-party lab as the preferred proof.
Sources: 16 CFR 1219.1(a)-(b); CPSC crib FAQ, re-selling cribs; CPSC crib guidance for child care providers, proof of compliance.
Sources
Every rule, number and date on this page comes from these official pages, each read on ; quotes are copied word for word. General information, not legal advice.
- CPSC: Resellers Guide to Selling Safer Products (Publication 254, PDF) (U.S. Consumer Product Safety Commission; February 2025, version 1.1; developed by the CPSC's Small Business Ombudsman)
- 15 U.S.C. 2068: Prohibited acts (Consumer Product Safety Act section 19) (United States Code, Office of the Law Revision Counsel (uscode.house.gov); current through Public Law 119-136 (Oct 22, 2026))
- CPSC: Stopping the Online Sale of Recalled Products (U.S. Consumer Product Safety Commission; undated page)
- CPSC: FAQs for Buying and Selling Products Online (U.S. Consumer Product Safety Commission; undated page)
- 16 CFR Part 1219: Safety standard for full-size baby cribs (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 29, 2026)
- CPSC: Full-Size Baby Cribs (business guidance FAQ) (U.S. Consumer Product Safety Commission; undated page)
- 15 U.S.C. 1278a: Children's products containing lead; lead paint rule (United States Code, Office of the Law Revision Counsel (uscode.house.gov); current through Public Law 119-136 (Oct 22, 2026))
- 15 U.S.C. 2069: Civil penalties (Consumer Product Safety Act section 20) (United States Code, Office of the Law Revision Counsel (uscode.house.gov); current through Public Law 119-136 (Oct 22, 2026))
- 16 CFR Part 1220: Safety standard for non-full-size baby cribs (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 29, 2026)
- 15 U.S.C. 2056a: Standards and consumer registration of durable nursery products (CPSIA section 104) (United States Code, Office of the Law Revision Counsel (uscode.house.gov); current through Public Law 119-136 (Oct 22, 2026))
- 16 CFR Part 1303: Ban of lead-containing paint and certain consumer products bearing lead-containing paint (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 29, 2026)
- 16 CFR 1500.17: Banned hazardous substances (Federal Hazardous Substances Act) (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 29, 2026)
- 15 U.S.C. 2052: Definitions (Consumer Product Safety Act) (United States Code, Office of the Law Revision Counsel (uscode.house.gov); current through Public Law 119-136 (Oct 22, 2026))
- CPSC: Enforcement Guidance for Child Care Providers (cribs) (U.S. Consumer Product Safety Commission; undated page)