SGS informs manufacturers and suppliers of
consumer products to US markets of Senate Bill S.3278 – ‘Reese’s law’ – which,
if signed into law, aims to protect children and other consumers from the
hazards posed by accidental ingestion of button cells or coin batteries.
Introduced on November 30, 2021, and named
after Reese Hamsmith, an 18-month-old child who died in 2020 after ingesting a button
battery from a remote control, the bill requires the Consumer Product Safety
Commission (CPSC) to promulgate a consumer product safety standard requiring
child-resistant closures on consumer products which use these battery types. If
accepted, this must happen no later than one year after the date the bill is
enacted into law.
The CPSC safety standard must contain, as
a minimum, both:
- Performance
standard for secured compartments, with access to these battery types by
children aged 6 or younger being prevented during reasonably foreseeable use or
misuse conditions - Warning
label – to be included in all applicable products:- On the relevant battery packaging and the packaging of
any consumer product containing these batteries - In any literature, such as a user manual, that
accompanies a consumer product containing these batteries - As practicable, directly on a consumer product
containing button cell or coin batteries in a manner that is visible to the
consumer upon installation or replacement of the button cell or coin battery
- On the relevant battery packaging and the packaging of
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The warning label must clearly identify
the ingestion hazard and instruct consumers to keep new and used batteries out
of the reach of children (as applicable). It should also instruct them to seek
immediate medical attention if a battery is ingested, and follow any other
consensus medical advice.
The bill also requires any button cell or
coin battery, included with the consumer product or sold separately,
distributed in commerce, or imported, to be packaged according to provisions in
16CFR 100.15 (Poison Prevention Packaging Standards). Child resistant packaging
should meet the requirements described in 16 CFR 1700.20 (Testing Procedure for
Special Packaging).
According to the bill:
- ‘Button
Cell or Coin Battery’ is defined as one of:- A single cell battery with a diameter greater than the
height of the battery - Any other battery, regardless of the technology used
to produce an electrical charge, that is determined by the Commission to pose
an ingestion hazard
- A single cell battery with a diameter greater than the
- ‘Consumer
Product Containing Button Cell or Coin Batteries’ is defined as a consumer
product containing or designed to use one or more button cell or coin
batteries, regardless of whether such batteries are intended to be replaced by
the consumer or are included with the product or sold separately - ‘Toy
product’ is defined as any object designed, manufactured, or marketed as a plaything
for children under 14 years of age
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A voluntary standard may be promulgated by
the CPSC if they determine it as meeting the requirements of the bill.
Stakeholders should be aware that toy
products that follow ASTM F963 are exempt from any standard that is
promulgated.
SGS Consumer Products Services
Through a
global network of state-of-the-art laboratories, SGS offers consultation and
comprehensive testing services (physical/mechanical, chemical, flammability,
electrical safety, etc) covering the full spectrum of international product
safety and regulatory standards for a wide range of consumer products. In the
end, it’s only trusted because it’s tested. Learn more about SGS’s Consumer
Products Services.
SGS SafeGuardS keep you up to date with the
latest news and developments in the consumer goods industry. Read the full US
Senate Introduces Bill to Protect Children from Ingesting Button Batteries
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For further information contact:
Dennis
Lancion
SGS Connectivity & Products
Technical Manager (Hardlines)
Tel: +1 (905) 364-3757
Email: crs.media@sgs.com
Website: www.sgs.com/cgnr
LinkedIn: sgs-consumer-goods-&-retail
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