Regulatory Issues for a Regulatory Issues for a Sustainable Candle IndustrySustainable Candle Industry
Rob Harrington, Ph.D.
Director, Regulatory and Safety
Blyth, Inc.
April 17, 2008
Regulations and Regulatory Regulations and Regulatory Issues Facing the IndustryIssues Facing the Industry
Regulations– Consumer Product Safety Commission (CPSC)– Federal Trade Commission (FTC)– ASTM, Proposition 65– International Equivalents
Regulatory issues– Consumer Product Safety Act – Phthalates in fragrances and air care products– California consumer product air regulations
CPSC RegulationsCPSC Regulations
No specific labeling requirements for candlesCompanies must notify CPSC if a product is
defective or presents an unreasonable hazardMost CPSC enforcement actions and fines are
a result of a company failing to notify CPSC of a product hazard/defect
CPSC has procedures in the event a product needs to be recalled
Consumer Product Safety ActConsumer Product Safety Act (Section 15(b))(Section 15(b))
Every manufacturer of a consumer product distributed in commerce, and every distributor and retailer of such product, who obtains information which reasonably supports the conclusion that such product—
(1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard
(2) contains a defect which could create a substantial product hazard or
(3) creates an unreasonable risk of serious injury or death,
Consumer Product Safety Act Consumer Product Safety Act (Section 15(b)) - con’t(Section 15(b)) - con’t
SHALL...
immediately inform the Commission of such failure to comply, of such defect, or of such risk, unless such manufacturer, distributor, or retailer has actual knowledge that the Commission has been adequately informed of such defect, failure to comply, or such risk.
Recall proceduresRecall proceduresFile an initial report with CPSC immediately
(provide the manufacturer, product, defect, assessment of the risk of injury)
File a full report when the information is available
CPSC makes a preliminary determination Companies may instead do a “fast-track”
voluntary recall For information, consult the CPSC recall
handbook at http://www.cpsc.gov/BUSINFO/8002.html
Recall procedures (con’t)Recall procedures (con’t)Develop/submit a corrective action plan
– Determine the defect and cause– Determine how many and the location of the
products– Method of notification to retailers and customers
(letters, notices at point of sale, TV/radio)– Refund/replace/repair?– Provide information and company contact (toll free
number, website, address)– Periodic reports to CPSC on progress
Federal Trade Commission Federal Trade Commission (FTC)(FTC)
Regulates label information through the Fair Packaging and Labeling Act (FPLA)– Product Identity– Net contents– Manufacturer’s name and address
Regulates advertising claims
Identity StatementIdentity Statement
Must be on the Principal Display Panel (PDP - that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale
Should be the principal feature of the labelMust be generally parallel to the baseMust not be false, misleading or deceptive
Net Content StatementNet Content Statement Must be on the principal display Panel (PDP) Must be expressed in terms of quantity, size, weight or
a combination thereof Must be expressed in both English and metric units
(ounces and grams or inches and centimeters)– Jar candles normally expressed in oz./g– Pillars expressed in in./cm height and diameter– Tapers and irregularly shaped expressed in in./cm height– Tealights normally sold by quantity
Must be in bottom third of the PDP label, parallel to the base and has minimum font size requirements
Manufacturer Name & Manufacturer Name & AddressAddress
Can appear conspicuously on any surface Should include the street address, city, state and
zip code (street address is not needed if the company appears in a phone book or city directory)
Can use “Distributed by ___” or “Manufactured for __” instead of the actual manufacturer’s name if the statement is accurate
Advertising ClaimsAdvertising Claims
Includes labels, catalogs, print/broadcast media
“You are what you claim” and are regulated by what you claim to be.
Advertising claims enforced by the FTC, State’s Attorneys General, the National Advertising Division of the BBB and private lawsuits
Claims (con’t)Claims (con’t)
Must be truthful, accurate and supported by reasonable information
May be required to generate test data to support some claims
Must be scientifically and statistically sound
Environmental ClaimsEnvironmental Claims
Claims should be clear and specific to the product, package or both.
Claims must not be overstatedAvoid vague and general environmental
claims; these would be assumed to apply to everything associated with the product
Must be able to clearly substantiate the claim with data
Environmental ClaimsEnvironmental ClaimsGeneral statements like “Environmentally
friendly” must be fully explained or qualified or the product have must have virtually no environmental issues
EXAMPLE: Cannot state “Environmentally friendly” if it is biodegradable but toxic to the environment
EXAMPLE: Cannot state “Environmentally safe” if it is non-toxic but generates VOC’s or hazardous products that harm atmosphere
See 16 CR 260 for additional guidelines
RecyclableRecyclable
The product must be able to be recovered from a waste stream
Facilities to recover the material must be readily available to most consumers
Should specify what part of the product is recyclable (package, product, specific part)
May require substantial qualification of claim
Recycled ContentRecycled Content
Unqualified statement of “recycled’ means that the product is 100% recycled
Should specify if the recycled claim is referring to the product package or both
The recycled content refers to materials that were recovered from a waste stream
http://www.ftc.gov/bcp/conline/pubs/buspubs/greenguides.pdf
Means the entire product is 100% recycled and is recyclable
Recycled
Means that the product is 100% recycled butnot necessarily recyclable
XX% Recycledfiber
Means that the product is only XX% recycled butIs not necessarily recyclable
Recyclable
Means the entire product is recyclable but not necessarily made of recycled material
ASTM Labeling RequirementsASTM Labeling Requirements
ASTM F2058- Standard Specification for Candle Fire Safety Labeling –updated 2007
The updated warning consists of:
/!\ WARNING
Burn within sight
Keep away from things that catch fire
Keep away from children
(or the equivalent)
ASTM Labeling RequirementsASTM Labeling Requirements ASTM warning must appear directly on free standing
candles (except tealights) and on external packaging (if sold in a box or other package) so as to be visible at point of sale
Font size requirements are based on the size of the panel on which the warning appears
For small candles and all tapers an abbreviated warning consisting of: /!\ Burn within sight (or the equivalent)may be used in place of the full warning
Optional use of pictograms along with the wording
PictogramsPictograms
Small Text LabelSmall Text Label
Text & Pictogram Multi-Language LabelText & Pictogram Multi-Language Label
Proposition 65Proposition 65
In 2000, the candle industry was involved with a Prop 65 lawsuit
It was alleged that candles exposed California residents to soot, benzene, lead and other listed chemicals
The settlement required on all scented candles 3.5 inches in diameter or larger to have:
“To reduce sooting, you must trim the wick to ¼ inch each time the candle is to be relit. Avoid using in drafty areas.”
FDA and CandlesFDA and Candles Candles labeled for any personal care application
are regulated as cosmetics by the FDA FDA and CPSC have dual jurisdiction over these
candles These candles must meet FDA cosmetic
regulations as well as candle safety and labeling requirements
Must comply with FDA ingredient restrictions, ingredient labeling, warnings, reporting obligations and other FDA cosmetic regulations
Canadian RegulationsCanadian RegulationsRequires all text to appear in both English and
French except trademarks and manufacturer name/address (so the ASTM warning should appear in French)
In 2003 Canada proposed mandatory labeling and safety requirements
Proposed regulation likely to reappear in 2008– Bilingual fire safety warnings (different than
ASTM) but will allow for equivalent wording– Ban lead wicks– Ban spontaneously re-lighting candles
Mexican RegulationsMexican Regulations
Requires certain information to appear prominently in Spanish (may also appear in other languages)– Identity of the product – Net contents in metric units– Name/address of manufacturer– Country of origin statement– Precautionary statements (like ASTM warning)– Name and address of importer– Directions and instructions (if necessary)
European Candle RegulationsEuropean Candle RegulationsFire SafetyFire Safety
EN 15493 “Candles – Specification of Fire Safety”– Stability (10º tilt test)– Secondary ignition– Flame height 3”/75mm (1.25”/30 mm for tealights)– Self extinguish at end of life– No re-ignition or afterglow/smoking more than 20
seconds– Maximum sooting standard
European Candle Regulations European Candle Regulations Labeling Labeling
EN 15494 - Candles -Product Safety Label– Never leave a burning candle unattended.– Burn candle out of the reach of children and pets.– Always leave at least X cm between burning candles.– Do not burn candles on or near anything that can
catch fire. Option to use text only, pictograms only or both Text must appear in the national language where sold 11 Additional optional warnings/pictograms provided
Regulatory Issues Facing the Regulatory Issues Facing the Candle IndustryCandle Industry
Consumer Product Safety Consumer Product Safety Modernization Act (House)Modernization Act (House)
vs.vs. CPSC Reform Act (Senate) CPSC Reform Act (Senate)
The U.S. House of Representatives and the Senate have very different versions of this bill
Both overhauls many responsibilities of the CPSC
Both increase staff and budget
CPSC ActCPSC Act HOUSE
– Up to $10MM fine– AG’s may act against a non
compliant product– Disclose product data under
some circumstances
– New lead restrictions– No whistleblower provision
included
SENATE– Up to $20MM fine– AG’s may act against any
product they deem unsafe– Establish a searchable
database on website with all injury reports
– New lead restrictions– Whistleblowers given
protection; can sue
PhthalatesPhthalates
Phthalates are a class of chemicals used for many things including softening plastic and dissolving fragrances
Some phthalates have been shown to cause cancer and reproductive effects
NRDC conducted a “study” on air fresheners and alleged dangerous levels of phthalates in products
NRDC Petitioned EPA and CPSC to require submission of data, extensive product safety testing, labeling and formula disclosure (9-19-07)
FOR IMMEDIATE RELEASE
New Study: Common Air Fresheners Contain Chemicals That May Affect Human Reproductive Development
Environmental Group Calls for Additional Testing, Consumer Awareness to Prevent Risky Exposure
NEW YORK (September 19, 2007) – An analysis of more than a dozen common household air fresheners found that most contain chemicals that may affect hormones and reproductive development, particularly in babies, the Natural Resources Defense Council (NRDC) said today. The federal government does not currently test air fresheners for safety or require manufacturers to meet any specific safety standards. The study offers both consumers and officials new information on the risks certain air fresheners pose.
Phthalates (con’t)Phthalates (con’t) EPA denied all aspects of the petition across the
board EPA requested voluntary disclosure of some
information on fragrances and air fresheners by the 7 companies cited in the petition
EPA, industry members and NRDC (and other environmental groups) are involved in dialogue
Candles were specifically mentioned in the EPA/CPSC petition, but have not been discussed as part of the phthalate or fragrance dialogue with EPA
California Air Resources California Air Resources Board Board
Regulates volatile organic compound (VOC) emissions from consumer products
Currently seeking to significantly reduce VOC emissions from air fresheners
Candles have escaped these regulations CARB has expressed concerns about normal candle
emissions and safety Fragrance formulations in air fresheners are under
close scrutiny and are the subject of enforcement actions
AB-32 Greenhouse gas emissions issues?