15 U.S.C. § 1472

Special packaging standards

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(a) EstablishmentThe Commission,11 Comma retained in amendment by Pub. L. 97–414. may establish in accordance with the provisions of this Act, by regulation, standards for the special packaging of any household substance if it finds that—(1) the degree or nature of the hazard to children in the availability of such substance, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substance; and(2) the special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance.(b) ConsiderationsIn establishing a standard under this section, the Commission shall consider—(1) the reasonableness of such standard;(2) available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances;(3) the manufacturing practices of industries affected by this Act; and(4) the nature and use of the household substance.(c) Publication of findings, reasons, and citation of statutory authorizations

In carrying out this Act, the Commission shall publish its findings, its reasons therefor, and citation of the sections of statutes which authorize its action.

(d) Limitation

Nothing in this Act shall authorize the Commission to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in section 1473(a)(2) of this title, labeling. In this case of a household substance for which special packaging is required pursuant to a regulation under this section, the Commission may in such regulation prohibit the packaging of such substance in packages which it determines are unnecessarily attractive to children.

(e) Cost-benefit analysis not required

Nothing in this Act shall be construed to require the Consumer Product Safety Commission, in establishing a standard under this section, to prepare a comparison of the costs that would be incurred in complying with such standard with the benefits of such standard.

(Pub. L. 91–601, § 3, Dec. 30, 1970, 84 Stat. 1670; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 97–414, § 9(k), Jan. 4, 1983, 96 Stat. 2065; Pub. L. 110–314, title II, § 233, Aug. 14, 2008, 122 Stat. 3073.)Editorial NotesReferences in Text

For classification to the Code of “this Act”, referred to in text, see References in Text note set out under section 1471 of this title.

Amendments

2008—Subsec. (e). Pub. L. 110–314 added subsec. (e).

1983—Subsec. (a). Pub. L. 97–414 struck out “, after consultation with the technical advisory committee provided for in section 1475 of this title” after “The Commission”.

Statutory Notes and Related SubsidiariesTransfer of Functions

“Commission” substituted for “Secretary”, “it” substituted for “he”, and “its” substituted for “his” wherever appearing in subsecs. (a) to (d) pursuant to section 30(a) of Pub. L. 92–573, which is classified to section 2079(a) of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Consumer Product Safety Commission.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1990–2021 · leading case: Wallace v. Parks Corp., 28 U.C.C. Rep. Serv. 2d (West) 825 (N.Y. App. Div. 1995).

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Wallace v. Parks Corp., 28 U.C.C. Rep. Serv. 2d (West) 825 (N.Y. App. Div. 1995). “The FHSA defines a "misbranded hazardous substance”, in relevant part, as "a hazardous substance * * * intended, or packaged in a form suitable, for use in the household or by children, if the packaging or labeling of such substance is in violation of an applicable regulation…”

Bondie v. Bic Corp., 739 F. Supp. 346 (E.D. Mich. 1990). “15 U.S.C. § 1472 (a)(1). I need not reach the issue of legislative intent, because I hold that a lighter is not a package for butane, and thus that PPPA does not apply.”

Nutritional Health All. v. Food & Drug Admin., 318 F.3d 92 (2d Cir. 2003). “” 15 U.S.C. § 1472 (a)(1). Second, .special packaging must be “technically feasible, practicable, and appropriate.”

Jamie Potts v. Johnson & Johnson Consum. Inc. (D.N.J. 2021). “(f) If its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970 [15 USCS § 1472 or 1473]. the FDCA does not amount to an absolute bar to Plaintiffs’ state products liability claims in…”

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