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On May 20, 2016, the FDA announced that it finalized changes to the Nutrition Facts panel on the labels of packaged foods and beverages, as well as changes to the
Continue Reading FDA Announces Changes to the Nutrition Information on the Labels of Food, Beverages, and Dietary Supplements

Despite positive reviews from the EPA and European Food Safety Authority, Bisphenol A (BPA), a synthetic compound used to line canned goods and other consumer products, was added to the
Continue Reading BPA Regulation Will Soon Affect Consumer Products Distributed in California – Comments on Regulation due April 29, 2016

On Oct. 14, 2015, the Consumer Product Safety Commission (CPSC) issued a direct final rule amending rules promulgated under the Consumer Product Safety Act (CPSA). First, the CPSC clarified its Component Part Testing Rule, 16 C.F.R. § 1109, to make clear that the special testing requirements outlined in Subparts B and C of the rule only apply to the products specified in those Subparts. All other products may follow the testing procedures outlined in Subpart A. Second, it also clarified that children’s textiles that have treatments and applications consisting entirely of dyes are not subject to third-party lead testing. The amendments also update a reference to the current Standard Consumer Safety Specification for Toy Safety, ASTM F963-11, as well as CPSC’s latest guidance regarding the component part testing for phthalates, both of which have been revised since the rules were last issued.

The CSPA’s Component Part Testing Rule, 16 C.F.R. § 1109, was promulgated by the CSPC in November of 2011 as a means of providing flexibility for testing and certifying consumer products pursuant to Section 14 of the CPSA. Subpart A of the rule provides general requirements for component part testing. Subparts B and C provide additional conditions for testing paint, lead content of children’s products, phthalates in children’s toys and child care articles, and composite testing. The rule was not intended to limit component part testing to the circumstances outlined in Subparts B and C; however, the rule was unclear. The revision makes plain that the restrictions in Subparts B and C apply only to their specifically referenced products. Manufacturers can use the procedures outlined in Subpart A for other products subject to the CPSA.

The CSPC has previously determined that dyes and dyed textiles do not contain lead and are therefore exempt from third-party lead testing for children’s products. However, its rule exempting dyed products was ambiguous as to whether the use of certain application techniques always necessitated testing. The change to 16 C.F.R. § 1500.91(d)(7) makes clear “that textiles that have treatments and applications consisting entirely of dyes do not exceed the lead content limits, and are not subject to the third party testing requirements for children’s products, so long as those materials have not been treated or adulterated with materials that could add lead.” Amendment To Clarify When Component Part Testing Can Be Used and Which Textile Products Have Been Determined Not To Exceed the Allowable Lead Content Limits, 80 Fed. Reg. 61729, 61731 (Oct. 14, 2015) (amending 16 C.F.R. § 1500). The intent is to ease the burden of third-party testing for products that are known not to contain any detectable lead levels.
Continue Reading CPSC Updates and Clarifies Testing Rules under CPSA