Coin Cell Batteries Get Attention at CPSC Meetings

Industry representatives March 3 sought advice on pictograms, warning language, and their placement for coin cell batteries. They met with Chairman Elliot Kaye and his staff as well as other CPSC staff during two meetings at the agency’s headquarters.

Pictograms: Jonathan Stewart, government relations manager for the National Electrical Manufacturers Association (NEMA), shared three existing pictograms demonstrating the ingestion hazard to infants. He sought CPSC human factors collaboration on a new image featuring an older child meant to represent the hazard’s true age range.

Kate Sedney, of CPSC’s human factors division responded that while agency staff would be happy to review sample images, Stewart’s group needed to develop the pictograms on its own and ensure they follow ANSI Z535, Safety Symbols. Doug Lee of CPSC’s engineering division suggested removing the diaper from the existing pictograms as a starting point.

In another meeting, Kaye said, “We’re generally not part of the design team, and while we want to avoid endorsement of these things, we’re open to being as helpful as possible.”

Warning Language: In response to CPSCers’ urging that warnings begin with the word fatal, Stewart said harmful is industry’s preferred word, adding that the data (only five of 2,000 reported incidents were deaths) supported the choice. Sedney replied that ANSI requirements call for the greatest hazard to be used, acknowledging that while probability of death is low, it is hidden and potentially likely due to the short time frame from ingestion to incident (two hours).

The group debated the challenges of language satisfying both potential legal ramifications and ease of understanding and use by consumers. Sedney also suggested that the language should be shortened and placed in a bulleted format.

Kaye, during his meeting, noted that the existing language was out of order and had the suggested action, “Keep away from children,” before the warning, “Fatal if swallowed.” He also posited that “serious harm if swallowed” may be a way to bridge the gap between fatal and harmful.

Warning Placement: Stewart shared that his group had been debating the efficacy of placing warning statements on a tab that had to be removed before the battery would function versus engraving. NEMA’s position favored engraving due to data suggesting tabs would be removed and might not be effective in up to 95% of cases.

Sedney disagreed, stating that not only would the small engraving be inconspicuous, but the tab would offer more opportunity to use noticeable colors and symbols. Duracell representative Steve Wicelinksi shared that his company had received a number of consumer and retailer complaints about tabs.

Kaye, during his meeting with the group, remarked that it was his hope for conjunctive, not disjunctive efforts, and saw potential value in doing both tabs and engraving.

Kaye later issued a statement:

“I commend the National Electrical Manufacturers Association (NEMA) and the leading battery producers for their sustained and ongoing efforts to address the serious and sometimes fatal risk posed to children when coin cell batteries are swallowed. NEMA and its members are taking the chemical burn hazard straight on and working to improve the packaging, warning and labeling provisions of the voluntary standards in a meaningful way. They are taking these steps while efforts continue on a product design solution. Consumers are well served by the fact that NEMA and their members are not engaging in non-productive, delaying tactics that do nothing to protect children. Let’s be clear about the products these companies sell: button batteries are not children’s products, so the companies are not under extra pressure to provide a safer play or sleep environment for children. There are billions of button and coin cells produced each year, with that many more in consumers’ homes. The companies likely face very slim margins and tremendous pressures to keep prices down. Even with these challenges, NEMA and its members recognize the greater good that can be achieved by working collaboratively and constructively to advance the cause of child safety.

NEMA and the battery producers are not the only industry to work cooperatively with CPSC – our staff works closely and effectively with many committed and caring industry representatives, especially during the standards making processes. But from my experience, NEMA and its members have been a particularly strong model of cooperative and solution-oriented engagement. We look forward to our continued collaborations with NEMA and its members to protect children from the risks presented by coin cell batteries. We hope the many great people who work for and lead individual companies in other industries with persistent, serious hazards will be inspired to step up and do the same. We stand ready to work with those who do.”