The CPSC issues regulations (Code of Federal Regulations, Title 16) that define certain standards that particular classes of products must meet to ensure the safety of consumer products (eg, products used in homes, schools or otherwise).The Consumer Product Safety Improvement Act of 2008, Pub. L. 110-314, 122 Stat. 3017 (2008), imposed safety standards for a broad category of children’s products and gave the CPSC additional enforcement authority.Other statutes require safety measures for products intended for use by, or posing a danger to, children, including: Children’s Gasoline Burn Prevention Act, 15 U.S.C. § 2056; Federal Hazardous Substances Act, 15 U.S.C. § 1261; Child Safety Protection Act, 15 U.S.C. § 1261; Poison Prevention Packaging Act, 15 U.S.C. § 1471; Child Nicotine Poisoning Prevent Act of 2015, 15 U.S.C. § 1471.Additional statutes require labelling and safety measures for specific products, including: Flammable Fabrics Act, 15 U.S.C. § 1191; Labeling of Hazardous Art Materials Act, 15 U.S.C. § 1277; Refrigerator Safety Act, 15 U.S.C. § 1211; Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. § 8001; Drywall Safety Act of 2012, 15 U.S.C. § 2051.The Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. § 301 et seq, authorises the Food and Drug Administration (FDA) to regulate food and drug safety and approve new drugs and medical devices. Among other things, the FDCA prohibits adulteration or misbranding of food, drugs, devices or cosmetics. 21 U.S.C. § 331.

1992), which went with a narrower definition of labeling. Of course, Allenby did not address FDA regulations, which is what are now relevant to e-cigarettes. Instead, Allenby interpreted the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. §§ 136-136y (1988), and the Federal Hazardous Substances Act (“FHSA”), 15 U.S.C. §§ 1261-1277. That is one mistake.

On September 19, 2012, the U.S. House of Representatives passed a bill “To designate drywall manufactured in China a banned hazardous product, and for other purposes.” H.R. 4212, presently titled the “Contaminated Drywall Safety Act of 2012,” would treat Chinese drywall as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and as an imminent hazard under section 12 of the Consumer Product Safety Act (15 U.S.C. 2061). According to H.R. 4212, scientific studies of contaminated drywall manufactured in China between 2001 and 2009 show that such drywall creates a corrosive environment for fire safety alarm devices, electrical distribution components, gas service piping and fire suppression sprinkler systems.