Product labeling has become increasingly complex with the myriad of federal laws including the Federal Hazardous Substances Act (FHSA), the Fair Packaging and Labeling Act, CPSC product specific regulations (bicycles, lighters and mowers) and new CPSIA product specific labeling requirements (toys).
The interplay between FHSA and state labeling laws further exacerbates the situation. California’s Proposition 65 requires warnings for all goods and services subject to the Proposition 65 List. As a result many consumer products must bear both FHSA warnings and Prop 65 warnings, which sometimes are duplicative, and sometimes even conflict. In addition, newer state laws such as the Illinois lead law, require labeling of some consumer products.
Finally, product labeling has become even more difficult with the publication of the Global Harmonized System of Classification of Labeling and Packaging (“GHS”), which is intended to be a uniform, voluntary, labeling standard of chemical hazards. However, the GHS terminology and pictograms are very different from their FHSA and OSHA counterparts.
Over all of these regulatory requirements is the “common law” of product warnings applied by juries and judges in product liability litigation.
This panel of experts will briefly review federal, state and GHS labeling requirements briefly and then respond to a series of “tough” questions from the moderator, and the ICPHSO audience.
