Product Labels and Warnings
Various types of labels and warnings are required by law, industry standards, product stewardship programs, and the desire to minimize future liabilities. Beveridge & Diamond helps clients evaluate the need for labels and warnings and to develop suitable text and images. Some representative matters in this area are summarized below. (Labels and marking for transportation are addressed under “Product Storage & Transportation.”) Among other things, we have assisted clients with the following.
- The hazard communication standard of the Occupational Health and Safety Administration and foreign and state counterparts with respect to carcinogen warnings, exemptions for articles, trade secrets, and other issues.
- The Globally Harmonized System of Classification and Labelling of Chemicals, including its implementation in different countries and its potential impact on client operations.
- The extent to which environmental labels required or otherwise used in some countries might be prohibited or be deemed misleading in other countries.
- The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”) warning requirements for products containing carcinogens or developmental/reproductive toxins. We have obtained favorable settlements in cases alleging inadequate product warnings under Proposition 65.
- Development of product labels and related documents for a major consumer product manufacturer that could be used worldwide to instruct end-users on proper recycling or disposal of end-of-life products.
- Design of pesticide labels that comply with Federal Insecticide, Fungicide, and Rodenticide Act label requirements, while minimizing potential future product liability.
- Guidance on selecting plastic resin codes established by the Society of the Plastics Industry to facilitate recycling of plastic and on marking of containers with those codes.
- Review of and proposed changes to product literature for electric products to ensure that warnings are accurate and consistent with industry standards for warnings.
- Emerging standards for product-based carbon footprint labeling based on life cycle assessment of greenhouse gas emissions as they relate to consumer products.
- Labeling and warning requirements regarding hazardous substance content for a large number of substances in numerous states.