I 111th CONGRESS 2d Session H. R. 5887 IN THE HOUSE OF REPRESENTATIVES July 27, 2010 Mrs. Lowey introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Hazardous Substances Act to require the inclusion of warning labels on Internet and catalogue advertising of certain toys and games.

1.

Short title

This Act may be cited as the Choking Hazard Awareness Act.

2.

Labeling requirement for Internet and catalogue advertising of certain toys and games

Section 24 of the Federal Hazardous Substances Act (15 U.S.C. 1278) is amended— (1)by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2)by inserting after subsection (b) the following: (c)

Internet, catalogue, and other advertising

(1)

Requirement

Any advertisement for any toy, game, balloon, small ball, or marble that requires a cautionary statement under subsections (a) and (b), including advertisement on Internet websites or in catalogues or other distributed materials, shall include the appropriate cautionary statement required under such subsections in its entirety displayed on or immediately adjacent to such advertisement. Such cautionary statement shall be displayed in the language that is primarily used in the advertisement, catalogue, or Internet website, and in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed in such advertisement, and in a manner consistent with part 1500 of title 16, Code of Federal Regulations (or a successor regulation thereto). (2)

Enforcement

The requirement in paragraph (1) shall be treated as a consumer product safety standard promulgated under section 7 of the Consumer Product Safety Act (15 U.S.C. 2056) and the publication or distribution of any advertisement that is not in compliance with the requirements of paragraph (1) shall be treated as a prohibited act under section 19 of such Act (15 U.S.C. 2068). .