CM Law’s New York partner, Aasheesh Shravah, recently authored an article about the new U.S. Consumer Product Safety Commission rule, effective September 21, 2024, which mandates strict labeling and testing requirements for button cell or coin batteries and the products containing them, under Reese’s Law, with non-compliance potentially resulting in significant fines and penalties, which has been published by Law360.
Here are a few excerpts from Aasheesh’s article:
A new rule from the U.S. Consumer Product Safety Commission set to take effect on Sept. 21 has very specific guidelines and requirements for the labeling of button cell battery packaging.
The final rule is pursuant to Section 3 of Reese’s Law, which was enacted on Aug. 16, 2022, and mandated federal safety requirements by the CPSC for button cell or coin batteries, whether the batteries are sold separately or included with a product.
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New Label Requirements for Battery Packaging
The new labeling requirements require a high level of detail on the packaging of the batteries. These requirements apply to the labeling on the package of button cell/coin batteries sold separately, that are imported or manufactured after Sept. 21, 2024.
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It’s important for product importers or manufacturers to immediately review these guidelines and ensure their battery packaging has the required icons and warnings based on the size of the battery packaging. Importers will need to contact their manufacturing partners and send them the required icons, font and wording requirements, which the CPSC provides.
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Testing Requirements for Battery Packaging
The requirements are not straightforward and may result in confusion. For example, the packaging must both be deemed child-resistant, while still allowing for ease of opening for senior adults. The CPSC stipulates the required number of testers, their age and even their gender. To pass, the packaging must prevent access by at least 80% of the children, yet still allow at least 90% of the senior adults to be able to open it.
Appropriate testing will likely require contracting with third-party testing facilities, and manufacturers and importers will need to communicate the specific testing requirements and what paperwork they need for the CPSC.
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Labeling Requirements for Products Containing Batteries
The labeling rule under Reese’s Law applies to any products containing button cell batteries, or intended for button cell batteries, manufactured or imported after March 19. These label requirements incorporate by reference ANSI/UL 4200A-2023 as the mandatory safety standards and are very particular as to the warnings required to be on the primary display (front part of the packaging) of the product.
Importers or manufacturers of devices and other goods that use coin batteries may not understand that they have a compliance burden in both labeling and testing similar in scope as are required for the batteries themselves.
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It is critical for manufacturers and importers to review the packaging and determine if the labeling of the products and user manuals are compliant prior to the goods being shipped from the factories. Failure to comply with the labeling rules can result in the products being held at customs as well as fines. Typically, the goods are shipped back to the factory because it is impossible to change the labeling on thousands of products imported at one time.
Testing Requirements for Products Containing Batteries
Testing requirements for products containing button cell/coin batteries, or intended to hold such batteries, also must comply with the standards set by ANSI/UL 4200A-2023 and apply
to any products manufactured or imported after March 19.
Companies must ensure that any battery compartments on products containing button cell or coin batteries be secured so that they require the use of a tool or at least two independent and simultaneous hand movements to open. They also have to ensure that other testing is performed on these products, including a stress relief test, a battery replacement test, and a series of abuse tests including drop, impact, crush, torque, tension, compression and secureness tests.
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Conclusion
Although some of the rules under Reese’s Law for button cell/coin batteries and products that incorporate such batteries are already in place, the approaching deadline for the final rule on battery labeling is a good time for manufacturers and importers to review compliance for all of their relevant products, testing procedures and necessary paperwork. While compliance with Reese’s Law is burdensome, the consequences of not meeting these requirements can be catastrophic for a business.
To read the entire article, click HERE
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The foregoing content is for informational purposes only and should not be relied upon as legal advice. Federal, state, and local laws can change rapidly and, therefore, this content may become obsolete or outdated. Please consult with an attorney of your choice to ensure you obtain the most current and accurate counsel about your particular situation.
