16 C.F.R. § 1500.122
Deceptive use of disclaimers
A hazardous substance shall not be deemed to have met the requirements of section 2(p) (1) and (2) of the act (repeated in § 1500.3(b)(14) (i) and (ii)) if there appears in or on the label (or in any accompanying literature; words, statements, designs, or other graphic material that in any manner negates or disclaims any of the label statements required by the act; for example, the statement “Harmless” or “Safe around pets” on a toxic or irritant substance.
Notes of Decisions
Cited in 3
cases, 2001–2020 · leading case: Vito Milanese, Jr. & Suzanne Milanese v. Rust-Oleum Corp., 244 F.3d 104 (2d Cir. 2001).
Vito Milanese, Jr. & Suzanne Milanese v. Rust-Oleum Corp., 244 F.3d 104 (2d Cir. 2001). “In addition, 16 C.F.R. § 1500.122 provides: A hazardous substance shall not be deemed to have met the requirements of .”
Wagoner v. Exxon Mobil Corp., 832 F. Supp. 2d 664 (E.D. La. 2011). “§ 1261 (p)(l); 16 C.F.R. § 1500.122 . Plaintiff asserts that in light of all of this, summary judgment as to her failure-to-warn claim is not appropriate at this juncture.”
Atkins v. Rust-oleum Corp. (W.D. Pa. 2020). “” 16 C.F.R. § 1500.122 . The CPSC can also declare, by regulation, that a particular substance is a hazardous substance if the CPSC finds that doing so “will promote the objectives of the [FHSA] by avoiding or resolving uncertainty as to its application.”
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