CPSC Releases COVID-19 PPE Guidance

Practical Law Legal Update w-028-0661 (Approx. 4 pages)

CPSC Releases COVID-19 PPE Guidance

by Practical Law Commercial Transactions

Face Coverings, Gowns, and Gloves

Certain non-medical PPE are considered wearing apparel, and as such, are subject to CPSC requirements. This includes:

Face coverings, such as consumer face masks.
Gowns, such as:
- non-medical gowns; and
- disposable gowns.
Non-medical gloves.

CPSC Requirements For Face Coverings, Gowns, and Gloves for Individuals Over Age 12

Manufacturers, importers, distributors, and/or retailers of face coverings, gowns, and gloves for individuals over age 12 must comply with the following CPSC specifications, including but not limited to:

Passing flammability requirements under the Flammable Fabrics Act (15 U.S.C. §§ 1191 to 1204).
Conducting flammability tests according to 16 C.F.R. § 1610.1 (Standard for the Flammability of Clothing Textiles) or 16 C.F.R. § 1611.1 (Standard for the Flammability of Vinyl Plastic Film).
Issuing a General Certificate of Conformity (GCC) by US manufacturers and importers (see Practice Note, Consumer Product Safety Commission General Use Product Compliance: General Certificates of Conformity).

CPSC Requirements For Face Coverings, Gowns, and Gloves for Individuals Age 12 and Under

In addition to the requirements listed above, manufacturers, importers, distributors, and/or retailers of face coverings, gowns, and gloves for children age 12 and under must also meet the following requirements, including but not limited to:

Complying with the Consumer Product Safety Act (CPSA) (15 U.S.C. §§ 2051 to 2089) labeling, testing, and certification requirements, such as:
- the manufacturer’s name;
- the production date and location;
- a batch number or other identifying characteristic; and
- any other information to facilitate identifying the product source.
Meeting total lead content limits and lead in paint/similar surface coating limits, if either paint or a surface coating is present on a product (16 C.F.R. § 1303.1).
Conducting testing at a CPSC-accepted testing lab (15 U.S.C. § 1278(a)).
Issuing a Children’s Product Certificate by US manufacturers and importers (see Practice Note, Children's Product Compliance: Children's Product Certificates).

Face Coverings, Gowns, and Gloves Outside CPSC Jurisdiction

Please note that the following face coverings, gowns, and gloves fall outside of the CPSC's jurisdiction:

Medical face masks (surgical masks and N95 respirators).
Face shields.
Medical gowns.
Medical gloves.

Cleaning and Disinfectant Products.

Certain cleaning and disinfectant products fall under the CPSC's jurisdiction, such as:

Consumer cleaning solutions.
Ordinary soaps, made primarily of fats and alkalis, that are manufactured for consumer use.

CPSC Requirements for Cleaning and Disinfectant Product PPE

The aforementioned products must:

Bear labels with certain cautionary statements if the consumer cleaning solution (including ordinary soap) qualifies as a hazardous substance under the Federal Hazardous Substances Act (FHSA) (16 CFR § 1500.121).
Require special packaging under the Poison Prevention Packaging Act (15 U.S.C. §§ 1471 to 1477) to protect children from serious injury or illness from handling, using, or ingesting such substances if the product contains any ingredients listed in 16 C.F.R. § 1700.14.

Cleaning and Disinfectant PPE Outside CPSC Jurisdiction

Please note that the following cleaning and disinfectant PPE fall outside the CPSC's jurisdiction:

Soaps intended for moisturizing, adding fragrance to the skin, or deodorizing the user’s body.
Hand sanitizer.
Antimicrobial products/disinfectants.
Commercial cleaning products.
Ultraviolet (UV) disinfecting devices.

For more information about the CPSC, see Practice Notes:

For more information about COVID-19, see the Global Coronavirus Toolkit.

CPSC Releases COVID-19 PPE Guidance | Practical Law