After a period of delayed enforcement, compliance is now required for several provisions of
Reese’s Law (P.L. 117-171), which mandates federal safety
requirements for button cell or coin batteries. To avoid unintended
liability, manufacturers, importers, consumer products using such
batteries, and distributors of button cell or coin batteries must
be sure to understand their new packaging, performance, and
labeling obligations.
Signed into law on August 16, 2022, Reese’s
Law was enacted to protect children six years old and younger from
button cell and coin battery ingestion hazards. Reese’s Law
defines “button cell or coin batteries” as any
single-cell battery with a diameter greater than the height of the
battery and any other battery determined by the Commission to pose
an ingestion hazard.
As required under the new law, on September 21, 2023, the
Consumer Product Safety Commission (CPSC) published a direct final
rule to establish a Safety Standard for Button Cell or Coin
Batteries and Consumer Products Containing Such Batteries (16 C.F.R. Part 1263.) The CPSC adopted ANSI/UL
4200A as a mandatory safety standard, which includes construction,
performance, and labeling requirements. The CPSC granted a 180-day
transitional period of enforcement discretion for its requirements,
which expired on March 19, 2024.
Construction Requirements for Products Containing Button Cell
and Coin Batteries>
The battery compartments of consumer products containing button
cells and coin batteries must be difficult for children to access.
In accordance with ANSI/UL 4200A:
- For products with non-replaceable button cell or coin
batteries, the compartment must sealed, not allowing the battery to
be removed or replaced. - Battery compartments that use screws or similar fasteners must
use captive screws/fasteners except when the battery is only
accessible through the removal of multiple enclosures or panels
using a tool, or the product is only to be opened by a professional
service center. - Battery compartments in products with removable/replaceable
button cell or coin batteries must be secured in one of two ways: a
tool such as a screwdriver is required to open the compartment, or
opening the compartment requires at least two independent and
simultaneous actions.
Performance and Labeling Requirements for Products Containing
Button Cell and Coin Batterie
ANSI/UL 4200A also includes performance requirements designed to
ensure that batteries do not present a “risk of unintentional
access by children.” Products must pass various performance
tests, including drop, impact, crush, and tension tests, to confirm
the batteries are not accessible or liberated as a result of use
and abuse testing.
ANSI/UL 4200A also mandates that the principal display panel of
packaging for consumer products containing button cell or coin
batteries include a warning. The product itself must also bear a
warning, if practicable. Additionally, all applicable warnings must
be included in any accompanying instructions and manuals.
Notably, the performance and labeling requirements apply to
consumer products containing or designed to use button cell or coin
batteries. Accordingly, even if the product does not contain the
battery when it is manufactured, imported, or sold, it is still
subject to the applicable requirements. Consumer products that use
such batteries should have a label placed on the battery access
area.
Packaging Requirements for Button Cell or Coin Batteries
Section 3 of Reese’s Law requires special packaging
(child-resistant and senior-friendly packaging) for button cell or
coin batteries, whether sold separately or included with a consumer
product. Section 3 took effect by operation of the statute on
February 12, 2023. While the CPSC announced that it would exercise
enforcement discretion for packaging containing zinc-air batteries,
enforcement discretion ended on March 8, 2024.
Warning Label Requirements for Packaging of Button Cell or Coin
Batteries
UL 4200A–2023 does not contain warning label requirements
for button cell or coin battery packaging. Accordingly, the CPSC
enacted a separate final rule (88 FR 65296) that applies to the packaging of
button cell or coin batteries, including those packaged separately
with a consumer product. Among other requirements, labels for
batteries sold/packaged separately must include the following
statements or similar:
- Keep in original package until ready to use.
- Immediately dispose of used batteries and keep them away from
children. - Do NOT dispose of batteries in household trash.
This requirement will apply to products manufactured or imported
after September 21, 2024.
Pursuant to Section 14(a) of the Consumer Product Safety Act (CPSA),
manufacturers of consumer products subject to a regulation,
standard, or ban enforced by the CPSC must certify that those
products meet the requirements of the standard by issuing a
Children’s Product Certificate (CPC) for children’s
products or a General Certificate of Compliance (GCC) for
general-use products. Certificates for products subject to section
2 of Reese’s Law must include the citation “16 CFR §
1263.3 – Consumer products containing button cell or coin
batteries” or “16 CFR § 1263.4 – Button cell
or coin battery package labeling” depending on which
requirements apply. Meanwhile, certificates for products subject to
section 3 of Reese’s Law must include the citation “P.L.
117-171 § 3(a)– Button cell or coin battery
packaging.”
Next Steps for Impacted Businesses
Failure to comply with the CPSC’s new requirements may
result in an enforcement action, including costly civil penalties.
Accordingly, it is imperative that manufacturers, importers, and
distributors of button cell or coin batteries quickly come into
compliance. Scarinci Hollenbeck is equipped to provide
comprehensive compliance assistance, and we encourage impacted
entities to contact us with any concerns.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
#Navigating #CPSCs #Requirements #Button #Cell #Coin #Batteries #Product #Liability #Safety
