Export Compliance Daily is a Warren News publication.

CPSC Updates Definition of 'Strong Sensitizers' Requiring Labeling on Household Products

The Consumer Product Safety Commission is amending its definition of “strong sensitizers” that require cautionary labeling, in a Feb. 14 final rule. By law, household products that contain dangerous chemicals, including strong sensitizers, must be labeled to alert consumers to the potential hazards that may be present. According to CPSC, the new definition aligns the definition with the current science on sensitizers. The final rule takes effect March 17.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

The new definition removes language that limited “sensitizers” to substances that caused allergic reactions, because some substances sensitize through “atypical mechanisms.” However, CPSC is also removing from the old definition a provision that sensitizers may cause a reaction on first contact, citing concerns that the old definition may inadvertently include irritants rather than allergic responses. The final rule also adds mucous membranes to the list of examples of body parts that may be irritated by strong sensitizers.

The final rule also updates and provides more detail on the criteria to be considered when deciding whether a substance is a “strong” sensitizer that based on the “frequency of occurrence and severity of reaction … has a significant potential for causing hypersensitivity.” The new definition adds more detail to the old criteria, such as different susceptibility to sensitizers based on gender or age. It also clarifies that a determination that a sensitizer is “strong” should be made using a “weight-of-the-evidence” approach instead of relying on a single factor or requiring all criteria be met. CPSC is also adding new factors to consider, and reorganizing them so that they are in order of importance.

(Federal Register 02/14/14)