In March, we reported on the proposed safety standards issued by the Consumer Products Safety Commission (CPSC) under Reese's Law (P.L. 117-171)—a law aimed at protecting children 6 years of age and younger from the hazards of ingesting button cell and coin batteries.

On September 21, 2023, the CPSC published two final rules in the Federal Register for 16 CFR 1263:

  • a direct final rule that adopts ASNI/UL 4200A-2023 as the mandatory safety standard for button cell and coin batteries and products containing these batteries; and
  • a final rule that mandates additional labeling requirements for button cell and coin batteries

Consumer products containing button cell or coin batteries that are manufactured or imported after October 23, 2023, must comply with the direct final rule (subject to a 180-day transitional period of enforcement discretion through March 19, 2024), however third-party testing and certification of children's products1 subject to the direct final rule is not required until on or after December 20, 2023.

Manufacturers have additional time to comply with the final rule, which does not take effect until September 21, 2024.

The Direct Final Rule

In its Notice of Proposed Rulemaking (NPR), the CPSC had determined there was no existing voluntary standard that met the Reese's Law requirements. But after revisions to ANSI/UL 4200A in August 2023, the CPSC determined that this voluntary standard satisfied the requirements of Reese's Law with respect to performance and labeling of button cell or coin batteries and the consumer products containing them.

ANSI/UL 4200A includes comprehensive construction, performance, labeling and certification requirements:

  • Construction and Performance: Button cell or coin batteries must not become accessible when tested to a series of performance and accessibility tests. For products with replaceable batteries, ASNI/UL 4200A requires the use of (1) a tool such as a screwdriver or a coin to open the battery compartment, or (2) at least two independent, simultaneous movements by hand, to open a battery compartment. For products with non-replaceable batteries, the battery compartment should be inaccessible (e.g., by soldering or using fasteners) and meet the same tests as products with replaceable batteries. Products that contain (or are designed to contain) button cell or coin batteries must also pass a series of tests outlined in ASNI/UL 4200A, including crush, drop, compression, torque, and tension tests performed under specific conditions.
  • Labeling: All button cell and coin button batteries, whether sold individually or packaged separately with a consumer product, must contain warning labels. Consumer products with pre-installed batteries, packaging for these products, and any instruction manuals or other literature, must also include warning labels. Warning labels must meet the specifications outlined in ASNI/UL 4200A. These specifications are substantially similar to those required in the NPR, with a few differences. For example, colored markings are required when printed on a label using more than one color, and must meet the ISO 3864 series of standards. Manufacturers must choose between a ''Keep Out of Reach of Children'' icon or a ''Warning: Contains Coin Battery'' icon on the product packaging. And there must also be an additional warning statement in instructions and manuals that reads: ''Always completely secure the battery compartment. If the battery compartment does not close securely, stop using the product, remove the batteries, and keep it away from children.''
  • Certification: Manufacturers of (non-toy) children's products2 must obtain a certification of compliance with the mandatory standard from a third-party, CPSC-accepted laboratory. Manufacturers of all other products governed by Reese's Law must issue a general certificate of conformity (GCC), which certifies that the products are compliant with applicable regulations.

The Final Rule

In addition to the various requirements of ANSI/UL 4200A, the CPSC's final rule contains additional requirements for warning labels on the packaging of button cell or coin batteries. All batteries and products subject to Reese's law must contain specific warning labels, as well as warning statements that meet certain text size, capitalization, and font. Packaging and any literature (e.g., instruction manuals) included with a product containing button cell and coin batteries must also contain warning labels that comply with the final rule.

More specifically, all warnings must be clearly visible, prominent, legible, and permanently marked. They should use contrasting color, be written in English, contain the signal word, "WARNING',' in capital letters, and use a safety alert symbol. The warnings must also alert consumers to keep batteries in original packaging until ready for use, immediately dispose of used batteries, and keep batteries away from children.3

Final Thoughts

The final rules reflect the CPSC's commitment to child safety and the importance of Reese's Law, which the Commission identified as a high priority for 2023. Although manufacturers have a year to comply the additional labeling requirements set out in the CPSC's final rule, and the 180-day "transitional period" may give some manufacturers a few more months to comply with the requirements of ANSI/UL 4200A, the comprehensive nature of the final rules means that manufacturers need to act quickly and carefully to ensure compliance with the new labeling, packaging, and testing requirements.

Footnotes

1. "Children's products" are consumer products designed or intended primarily for children 12 years of age or younger. See 15 U.S.C. 2052(a)(2).

2. Although Reese's Law exempts toy products that comply with the battery accessibility and labeling requirements in 16 CFR 1250 (the Safety Standard Mandating ASTM F963 for Toys), some consumer products that are not toys subject to the toy standard are still considered children's products and subject to Reese's law.

3. Notable changes from the NPR include: (1) specific colors on warning labels are required only if the label is present in more than one color; (2) the minimum text size for warning labels must be based on the product display panel size; and (3) button battery packaging must display the National Battery Ingestion Hotline phone number.

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