CPSC Final Rule for Button Cell and Coin Batteries is Imminent

On February 9th, 2023, the Consumer Product Safety Commission (CPSC) published a proposed rule, as required by Reese’s Law, for button cell and coin batteries and products sold with them. While the publication of the final rule was expected by August 16th, 2023, and has been delayed, a key requirement of Reese’s Law is already effective. Section 3, effective since February 12th, 2023, requires all button cell and coin batteries sold individually or packaged separately with a consumer product to meet the packaging requirements of the Poison Prevention Packing Act (PPPA). Manufacturers of affected products not currently in compliance with the PPPA requirement are immediately vulnerable, and manufacturers should also prepare for compliance with the forthcoming final rule, which will likely contain most of the proposed rule’s requirements and will be effective 180 days after publication.

At a glance:

Below we discuss in detail Reese’s Law two main requirements that impact manufacturers of affected batteries and products:

1. PPPA Packaging Requirement – Effective Now

Effective since February 23rd, 2023, Section 3 of Reese’s Law requires all button cell and coin batteries sold individually or packaged separately with a consumer product to utilize packaging that meets the requirements of the PPPA. Importantly, under Section 3, the PPPA requirement does not extend to consumer products that contain a pre-installed battery. The PPPA requirement is now in effect, and manufacturers of affected products must ensure full compliance with it.

Under the PPPA requirement, affected products must utilize child-resistant, senior-friendly packaging that is certified to meet the PPPA’s testing procedures. The PPPA outlines an extensive testing procedures for certifying products, including tests involving children and adults under specific conditions.

Manufacturers of affected products not currently in compliance with PPPA are immediately vulnerable. Mintz’s attorney can provide further information about compliance with PPPA and develop an implementation plan, including finding a compliant laboratory testing site and packaging manufacturer and recalling noncompliant products.

2. Proposed CPSC Battery Warning Label, Performance, and Purchaser Notification Requirements

Published on February 9th, 2023, the CPSC’s proposed rule outlines comprehensive battery performance, warning label, and purchaser notification requirements. The proposed rule applies broadly to the packaging of button cell and coin batteries and of products that contain these batteries, whether pre-installed or packaged separately. The rule also applies to “products that are not sold with a battery, if they are designed to use a button cell or coin battery.”

CPSC has not yet finalized the proposed rule, although Reese’s law directs it to do so by August 16th, 2023. Once published, the final rule will go into effect 180 days later.

The proposed rule includes four main requirements that manufacturers of affected batteries and products must comply with:

Given the extensive nature of the proposed requirements, we recommend manufacturers of affected batteries and products start preparing for compliance with the proposed rule. The final rule will likely contain many of the requirements outlined in the proposed rule. Mintz’s attorneys are extremely knowledgeable of the new requirements and can develop a compliance plan tailored to the specific products and needs of each manufacturer.

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