C.F.R. » Title 16 » CHAPTER II—CONSUMER PRODUCT SAFETY COMMISSION › SUBCHAPTER C—FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS › PART 1500—HAZARDOUS SUBSTANCES AND ARTICLES: ADMINISTRATION AND ENFORCEMENT REGULATIONS

16 C.F.R. § 1500.133

Extremely flammable contact adhesives; labeling

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(a) Extremely flammable contact adhesives, also known as contact bonding cements, when distributed in containers intended or suitable for household use may be misbranded under the act if the containers fail to bear a warning statement adequate for the protection of the public health and safety.

(b) The following warning statement is considered as the minimum cautionary labeling adequate to meet the requirements of section 2(p)(1) of the act (repeated in § 1500.3(b)(14)(i)) with respect to containers of more than one-half pint of contact adhesive and similar liquid or semiliquid articles having a flashpoint at or below 20 °F. as determined by the method in § 1500.43, when the only hazard foreseeable is that caused by the extreme flammability of the mixture:

Danger Extremely Flammable Vapors May Cause Flash Fire

Vapors may ignite explosively.

Prevent buildup of vapors—open all windows and doors—use only with cross-ventilation.

Keep away from heat, sparks, and open flame.

Do not smoke, extinguish all flames and pilot lights, and turn off stoves, heaters, electric motors, and other sources of ignition during use and until all vapors are gone.

Close container after use.

Keep out of the reach of children.

(c) The words that are in capital letters in the warning statement set forth in paragraph (b) of this section should be printed on the main (front) panel or panels of the container in capital letters of the type size specified in § 1500.121(c). The balance of the cautionary information may appear together on another panel provided the front panel bears a statement such as “Read carefully other cautions on ___ panel,” the blank being filled in with the identification of the specific label panel bearing the balance of the cautionary labeling. It is recommended that a borderline be used in conjunction with the cautionary labeling.

(d) If an article has additional hazards, or contains ingredients listed in § 1500.14 as requiring special labeling, appropriate additional front and rear panel precautionary labeling is required.

(e) Since the Commission has issued a regulation banning under the Consumer Product Safety Act extremely flammable contact adhesives covered by this labeling regulation (sec. 16 CFR part 1302), paragraphs (a), (b), (c) and (d) of this section are revoked as to the subject products after June 13, 1978.

[38 FR 27012, Sept. 27, 1973, as amended at 42 FR 63742, Dec. 19, 1977]
Notes of Decisions
Cited in 6 cases, 1976–2011 · leading case: Vito Milanese, Jr. & Suzanne Milanese v. Rust-Oleum Corp., 244 F.3d 104 (2d Cir. 2001).
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Vito Milanese, Jr. & Suzanne Milanese v. Rust-Oleum Corp., 244 F.3d 104 (2d Cir. 2001). · cites it 3× “Prevent buildup of vapors — open all windows and doors — use only with cross-ventilation.”
Burch v. Amsterdam Corp., 366 A.2d 1079 (D.C. 1976). · cites it 3× “" 16 C.F.R. § 1500.133 (1970). Among other things, the regulation required a specific warning to extinguish all pilot lights.”
Mwesigwa Ex Rel. Mwesigwa v. Dap, Inc., 637 F.3d 884 (8th Cir. 2011). “3d at 112 (comparing the product label at issue with the label previously required by the Consumer Product Safety Commission for extremely flammable contact adhesives in assessing compliance); 16 C.F.R. § 1500.133 (b) (providing the “minimum cautionary labeling adequate” for…”
Pennsylvania Gen. Ins. v. Landis, 96 F. Supp. 2d 408 (D.N.J. 2000). “16 C.F.R. § 1500.133 (b). The language on Parks’ container is virtually identical to the CPSC language for flammable contact adhesives, and I find that the Parks label in this case is in compliance with the re *418 quirements of the FHSA.”
Smith v. Formica Corp., 439 So. 2d 1194 (La. Ct. App. 1983). “Shaffer's credibility by the absence in "P-6" of any reference to such precautionary language, including the words "extremely flammable," as required by 16 C.F.R. 1500.133(b). Whatever relevance an undated advertisement may have, our review of "P-6" reveals that it does in fact…”
Kirstein v. WM Barr & Co., Inc., 983 F. Supp. 753 (N.D. Ill. 1997). “16 C.F.R. § 1500.133 (b) (1997). If these precautionary instructions are sufficient, then the precautionary instructions for KleanStrip lacquer thinner are sufficient as a matter of law.”
— 16 C.F.R. § 1500.133(b) — 1 case
Smith v. Formica Corp., 439 So. 2d 1194 (La. Ct. App. 1983). “Shaffer's credibility by the absence in "P-6" of any reference to such precautionary language, including the words "extremely flammable," as required by 16 C.F.R. 1500.133(b). Whatever relevance an undated advertisement may have, our review of "P-6" reveals that it does in fact…”
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