What is a Fidget Spinner?
Fidget spinners generally consist of two main pieces, a center piece containing a small ball-bearing component, and an outer piece. The outer piece generally has multiple lobes weighted with items such as small ball-bearing components, solid weights, or balls. Fidget spinners can be made of a variety of materials, including plastic, brass, stainless steel, titanium, and copper. The user holds the center piece between the forefinger and thumb, and rotates the outer piece to cause it to “spin.” The lobes of the fidget spinners are equally weighted to allow the user to balance the product.
Is a Fidget Spinner a general use product or a children’s product?
- General use product: Most fidget spinners are general use products unless they are primarily intended for children 12 years of age and younger.
- Children’s products: Some fidget spinners could be children’s products. The CPSC considers the following factors when determining whether an item is a children’s product: marketing materials, and whether the product and packaging designs are primarily intended to appeal to a child 12 years of age and younger, and the product’s age grading.
You can learn more about how to classify your product here: https://cpsc.gov/childrensproduct.
What requirements must this product meet?
- If your fidget spinner is a general use product, there are no mandatory CPSC requirements for it. However, manufacturers and retailers of fidget spinners that include rechargeable battery-operated components should ensure that the rechargeable lithium-ion batteries are used within their proper operating specifications for voltage, current, and temperature. Rechargeable fidget spinners that do not have proper battery managements systems (BMS) may cause a risk of overheating and fire. The CPSC recommends that all battery-operated fidget spinners, both general use products and children’s products; comply with the battery requirements in the U.S. Toy Standard, ASTM F963-16, Section 4.25 Battery-Operated Toys. The U.S. Toy Standard, ASTM F963-16, can be purchased by visiting: www.astm.org.
- If your fidget spinner is a children’s product, it must comply with the following testing and labeling requirements:
- Total lead content: for more information, please visit: https://cpsc.gov/Business--Manufacturing/Business-Education/Lead/Total-Lead-Content.
- Lead in paint: for more information, please visit: https://cpsc.gov/Business--Manufacturing/Business-Education/Lead/Lead-in-Paint.
- Limits on phthalates: for more information, please visit: https://cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Phthalates-Information.
- U.S. Toy Standard, ASTM F963-16: for more information, please visit: https://cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety/.
- Bear permanent tracking information on both the product and packaging: for more information, please visit: https://cpsc.gov/trackinglabel.
Children’s Products must be tested by a CPSC–Accepted Laboratory for compliance with all the applicable safety requirements listed above. Please visit: https://cpsc.gov/labsearch to find a CPSC-Accepted Testing Laboratory that can conduct this testing for you.
What certification is required for manufacturers and importers of this product?
If your fidget spinner is a general use product, not primarily intended for use by children 12 years of age and younger, then no certification is required.
If your fidget spinner is primarily intended for use by children 12 years of age and younger, then it is a children’s product, and manufacturers and importers must certify in a Children’s Product Certificate (CPC) that the product complies with the above-listed requirements. Please see our Children’s Product Certificate guidance page for a Sample Children’s Product Certificate for a Children’s Toy, which you may use to create your CPC.
Once you have created the Certificate, you are required to provide it to any distributors or retailers with which you may be working. You do not submit it to the CPSC; however, the Certificate must accompany any shipments, and must be produced to Customs & Border Protection (CBP) or CPSC, upon request.
What other obligations do manufacturers, distributors, and retailers of fidget spinners have?
Manufacturers, distributors and retailers of consumer products have a legal obligation under section 15 of the Consumer Product Safety Act to report to the Commission when they receive information which reasonably supports the conclusion that a product:
- Fails to comply with an applicable consumer product safety rule;
- Fails to comply with any other rule, regulation, standard, or ban under the Consumer Product Safety Act or any other Act enforced by the Commission;
- Contains a defect which could create a substantial product hazard; or
- Creates an unreasonable risk of serious injury or death.
Reports can be filed by visiting: https://www.saferproducts.gov/CPSRMSPublic/Section15/ or by emailing firstname.lastname@example.org.
Where Can I Find Additional Information?
For more information on the requirements for Fidget Spinners, please contact the U.S. Consumer Product Safety Commission:
Office of Compliance (for specific enforcement inquires):
telephone: (800) 638-2772.
Small Business Ombudsman (for general assistance understanding and complying with CPSC regulations):
e-mail: Please use our Contact Form (which is the best way to get a fast response);
telephone: (888) 531-9070.
Visit our Fidget Spinner Safety Education Center with additional safety tips and to report safety incidents with fidget spinners.
Read Acting Chairman Ann Marie Buerkle's statement on fidget spinners.
This communication has been prepared for general informational purposes only. This summary document does not, and is not intended to, constitute legal advice, nor does it replace or supersede a manufacturer’s obligations to comply with all applicable laws, regulations, standards, or bans enforced by CPSC. This communication has not been reviewed or approved by the Commission, and does not necessarily represent their views. Any views expressed in this communication may be changed or superseded by the Commission.