CPSC rules protect kids from hydrocarbon-based products: a broader selection of personal care, cosmetic and household products must now use child-resistant packaging - Regulatory Analysis - Child resistant packaging - Government Activity - Brief Article

Food & Drug Packaging, Dec, 2001 by George Misko

The U.S. Consumer Product Safety Commission (CPSC) now requires child resistant (C-R) packaging for common household, drug and cosmetic products that contain hydrocarbons.

The new regulations are intended to help prevent injuries and possibly death to children who may swallow and aspirate such products resulting in chemical pneumonia.

The laws cover consumer, drug or personal care products that contain 10% or more hydrocarbons by weight and have a low viscosity.

This can include everything from cosmetic and personal care products (such as baby oils, sunscreens, bath oils, nail enamel dryers and makeup removers) to automotive chemicals (such as gasoline additives and carburetor cleaners) to cleaning solvents (such as wood oil cleaners, spot removers and adhesive removers).

The regulations were issued by CPSC under the Poison Prevention Packaging Act, which authorizes the Commission to impose special packaging requirements to protect children from serious illness and injury from handling, using or ingesting dangerous products.

Prior to this rulemaking, only specific types of hydrocarbon-based products were covered, most notably three petroleum distillate-based products: furniture polish, kindling and/or illuminating preparations and solvents for paint or other similar surface coating materials. These products have long been required to meet C-R packaging requirements if they contain 10% of more of petroleum distillates and have a viscosity of 100 Saybolt Universal Seconds (SUS) at 100 [degrees] F.

The new regulations, instead of covering narrowly defined types of products, extend to all non-emulsion type liquid household chemical products that are hazardous substances as defined by the Federal Hazardous Substances Act, and contain 10% or more hydrocarbons by weight and have a viscosity of less than 100 SUS at 100 [degrees] F.

Notably, the rules also cover drugs or cosmetics as defined by the Federal Food, Drug and Cosmetic Act (the Act) that contain 10% or more hydrocarbons by weight and meet the viscosity criterion.

CPSC saw a need to issue these new laws because of the irregular coverage created by the regulations for petroleum distillate products.

For example, although kerosene when intended for use as a lamp fuel is covered under the regulation for petroleum distillates, it was not when sold as a gun cleaning solvent.

Under the new regulations, kerosene-based consumer products will be covered no matter what their intended purpose if they meet the noted criteria.

Exempt from the regulations are products in pressurized aerosol containers or pump or trigger-actuated sprays for which the pump or trigger mechanism has either a child-resistant or permanent attachment to the package. However, although not clearly stated, the Commission expects the product to be dispensed from such containers as a mist and not as a stream.

Also exempt are writing markers and ballpoint pens that are exempt from Federal Hazardous Substances Act (FHSA) labeling requirements and products from which the liquids cannot flow freely, including but not limited to paint markers, battery terminal cleaners and makeup removal pads.

Closures for covered products must comply with CPSC standards for child-resistant packaging as set out in 16 C.F.R. [section] 1700.20.

The regulations are effective October 25, 2002, and apply to covered products packaged on or after that date. For more information about this final rule, see 21 Fed. Reg. 53951 (October 25, 2001).

The author, George Misko, is Partner at respected law firm Keller & Heckman. He has been a featured columnist in FOOD & DRUG PACKAGING since January 1994. Address comments or questions to him at 1001 G St., N.W., Suite 500W, Washington, DC 20001. Call him at 202-434-4100 or send an e-mail to misko@khlaw.com.