Canadian & US Consumer Labeling
Dell Tech will assist with meeting product labeling requirements to get products to market.
Consumer products must be accurately labeled in order to be sold in North America. Any product that is manufactured for non-commercial purposes, such as household and personal use, must adhere to the specific consumer regulations and hazardous material classifications. Conducting a consumer chemical label review is recommended to ensure your product is meeting the regulations.
Consumer Goods & Consumer Regulations
Chemical consumer products include, but are not limited to, dishwashing detergents, cleaners, air fresheners, and paints. These are common items you may find on the shelf of a retail store.
It is important to note that consumer products do not include products that require specific registrations, such as drugs, cosmetics, disinfectants, pesticides, and natural health products.
As consumer products are sold and used in different environments than workplace products, separate regulations are required to address the hazards that may be unique to each scenario. For example, toxic consumer products may require child-resistant packaging, which would not be necessary within a workplace.
Consumer regulations are meant to protect the average consumer by informing them of the potential hazards that a product may have, and they use specific hazardous material classification systems, test methods, and labeling criteria. For example, a corrosive consumer product does not require a symbol in the US, but does in Canada.
Consumer Product Compliance
There are numerous acts, regulations, and programs to take into account when labeling your consumer products. Non-compliance can result in costly fines, legal fees, and product recalls — all of which can slow down production and reduce profits. Manufacturers, retailers, and distributors should be aware of the following:
Canadian consumer products are regulated under the CCCR 2001 (Consumer Chemicals and Containers Regulations, 2001) which falls under the Canada Consumer Product Safety Act. There are regulated classifications that require specific phrases, as dictated by Health Canada, in English and Canadian French.
The regulations outline test methods, classification procedures, label formatting, label requirements (hazard symbols, warning statements, first aid instructions, etc.), print specifications (e.g. minimum allowable text size), and special exemptions.
The US Consumer Product Safety Commission (CPSC) regulates the labeling of hazardous household products in accordance with the Federal Hazardous Substances Act (FHSA) and Poison Prevention Packaging Act (PPPA).
Under the Consumer Product Safety Act, there are also regulated classifications that are set out in the Federal Register. CPSC labeling requirements include a signal word, an affirmative statement of the principal hazard, precautionary measures, first aid instructions, and handling and storage statements. The language used is not formally prescribed. In addition to the Federal laws, there are state laws that require label warnings or disclosure for ingredients, certain substances, and VOC content.
California Prop 65
On August 30, 2016 California Prop 65 (Safe Drinking Water and Toxic Enforcement Act of 1986) was updated to make significant changes to the “clear and reasonable” warning required under Article 6 for products that contain a substance known to the State of California to cause cancer, birth defects, or reproductive harm. The required changes for the product label include:
- A new symbol be used to preface the warning
- The word WARNING be printed in bold capital letters
- A link to the OEHHA Prop 65 website P65Warnings.ca.gov
- Specific statements for the warning
- Disclosure of ingredients that trigger the warning
- Options for a “On Label Warning” or “On Package Warning”
- Minimum font and symbol sizes
California Cleaning Product Right To Know Act
On October 15, 2017, the California Cleaning Product Right to Know Act of 2017 came into effect. This law requires Manufacturers and Distributors of Consumer & Commercial air care, automotive cleaning/maintenance, general cleanings, polish and floor maintenance products to provide a specific list of the chemicals used in their products on the label and on their website. There are no exemptions for small labels or small businesses.
The required changes for the product label include disclosure of intentionally-added ingredients, disclosure of any ingredient present on any one of the 23 different Designated Lists and present at ≥ 0.01%, disclosure of fragrance allergens present at ≥ 0.01%, a toll free number for the manufacturer, and a website address. The deadline for label disclosure is January 1, 2020.
The information to be disclosed on your website includes a list of all non-functional constituents present ≥ 0.01 percent (100 ppm); 1,4-dioxane, if it is present at ≥ 0.001 percent (10 ppm); the CAS # for each listed ingredient; function of each intentionally-added ingredient; web links to the designated lists for any ingredient disclosed; and a link to the Safety Data Sheet of the product. The deadline for website disclosure is January 1, 2020.
There are Federal and State Volatile Organic Compound (VOC) Regulations, including the US EPA, Ozone Transport Commission (NE states), and California Air Resources Board (CARB), that set VOC limits on most consumer and commercial cleaning products.
These regulations also set VOC limits on other categories such as polishes, paints coatings, cosmetic, aerosols, disinfectants, lubricants, and car maintenance products. There are special labeling requirements in California and OTC states for certain product categories.
New York Household Cleansing Product Information Disclosure Program
New York State has finalized its Information Disclosure program for Household Cleansing Products. Manufacturers and some suppliers will be required to post a list of all chemicals in their products on their websites starting July 1, 2019.
The regulations cover soaps and detergents used in commercial or consumer cleaning applications and includes, but is not limited to, cleaning fabric, dishes, utensils, and household and commercial properties. The listed manufacturer of the ‘bottled for’ entity must post these on each of their websites. This regulation sets some very prescriptive requirements with registrations, renewals, and references to substances of concern.
E-liquids have become increasingly popular over the past several years, causing labeling, design, and branding to become critical means for a product to stand out on the shelf. However, these products must comply with certain regulations in order to sufficiently address human health and safety risks associated with vaping, device malfunctions, and the protection of youth from nicotine addiction.
In Canada, all e-liquids and vaping products are subject to the following regulations: Consumer Chemicals and Containers Regulations (CCCR 2001), Consumer Packaging and Labeling Regulations, and the Tobacco and Vaping Products Act.
In the US, e-liquids containing nicotine are regulated under the FDA, which has listed requirements for font size and placement, label formatting, and warning statements.
Beginning October 2018, Amazon will no longer allow some restricted products in Canada to be sold online. As part of this, Amazon is clarifying that permitted products that are regulated in Canada must comply with all federal laws prior to sale.
These products will be removed from the site until they are approved for sale and labeled in accordance with these laws, and this information can be made available online. Amazon may require vendors to submit a proof of compliance in the form of a test report by an ISO 17025 Accredited lab, such as Dell Tech.
If you currently sell or plan to sell your product through Amazon you want to be sure that your product is properly labeled and compliant.
HOW DELL TECH CAN HELP:
- Prepare CCCR report for products intended for sale within Canada
- Prepare CPSC report for products intended for sale within the United States
- Prepare Health Canada Checklist for Classification and Record-Keeping
- Provide Amazon Vendor Compliance Reports
- New York Household Cleansing Product Information Disclosure Program Guidance
- California Prop 65 Label Compliance Guidance
- California Cleaning Products Right to Know Act Guidance
- Federal and State VOC Labeling Compliance
- Provide guidance on e-liquids and other vaping devices