According to a clarification by the Consumer Products Safety Commission, used products are not required to certify that they meet the standards of the Consumer Product Safety Improvement Act of 2008 (HR 4040). However, if the products they sell violate the Act, they can face civil and/or criminal penalties.

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According to a USA Today article, used item retailers and thrift stores will be especially hard hit by the new regulations which seek to eliminate lead hazards in children's toys and clothing. Particularly disturbing is the requirement of the regulations that manufacturers and retailers destroy perfectly safe merchandise and less they can afford to put all such merchandise through a rigorous testing protocol.

Many smaller businesses and thrift stores could be put completely out of business if required to conduct testing on every item of merchandise in their stores. Although the Consumer Product Safety Commission has agreed to review criticisms, the 30 day review period will not expire until after the law goes into effect on February 10, 2009.