About a year ago (October 15, 2023) I posted about the impending March 2024 deadline for manufacturers of products including children's toys to comply with Reese's Law. Now, CPSC is proposing even more requirements on those products that incorporate button cell or coin cell batteries.

Toys intended for children six years old and younger and that contain button cell and coin cell batteries are now regulated by Reese’s Law, signed into law on August 16, 2022. But Reese’s Law excludes from its scope certain children’s toys that are subject to a regulation that adopted the safety standards for toys intended for use by children under age 14 contained in ASTM F963. Therefore, CPSC argues more regulation is required for toys with cell batteries. 

CPSC claims that its proposed regulation would fill in this gap by adding new performance and labeling requirements for toys containing button cell or coin cell batteries. For example, CPSC seeks to improve the durability of battery compartments by requiring sequential use and abuse testing -- including stress relief, battery replacement, impact, crush, torque, tension, compression, and compliance verification – by manufacturers. If the regulation is finalized, “small manufacturers would incur a one-time redesign cost and continuous component costs . . . to comply with the rule for product lines that currently do not meet the proposed requirements . . . CPSC does not expect small firms to incur a cost that exceeds 1 percent of the annual revenue of the firm (nor 1 percent of the retail price of the product).” All companies would need to come into compliance with the new law within six months of its passage.

While it remains to be seen if CPSC's proposal is ultimately passed, there is little doubt that compliance with these contemplated regulations will be considered “best practices” for manufacturers. I will be monitoring this issue along with product liability practitioners throughout the country.