USA: New regulation for button cell batteries

 

As required by the so called Reese’s Law enacted in 2022, to eliminate or adequately reduce the risk of injury from ingestion of button cell or coin batteries by children 6 years old and younger, the U.S. Consumer Product Safety Commission (CPSC or Commission) has proposed a rule to establish performance requirements for battery compartments on consumer products that contain, or are designed to use, one or more button cell or coin batteries.

The proposed rule also requires warning labels on the packaging of button cell or coin batteries, as well as on the packaging, battery compartments, and accompanying instructions and manuals of consumer products containing button cell or coin batteries. In addition to implementing Reese’s Law, the proposed rule requires manufacturers and importers of button cell or coin batteries, and consumer products containing such batteries, to notify consumers of performance and technical data related to the safety of such batteries at the point of sale, both online and in stores.

While the release of the final rule was initially anticipated by August 16th, 2023, it has experienced a delay. However, it’s important to note that a crucial aspect of Reese’s Law is already in effect. Section 3, which became effective on February 12th, 2023, mandates that all button cell and coin batteries, whether sold individually or included separately with a consumer product, must adhere to the packaging standards outlined in the Poison Prevention Packaging Act (PPPA).

Manufacturers of products affected by this regulation that are currently not in compliance with the PPPA requirements are immediately at risk. Furthermore, manufacturers should also make preparations for compliance with the forthcoming final rule, which is expected to encompass most, if not all, of the proposed rule’s provisions. This final rule is slated to become effective 180 days after its publication.

The proposed rulemaking can be found HERE.

To find out more about product compliance in USA, please contact the Product Compliance Institute directly.