Protecting people against recognized dangers or hazards that can hurt or kill them involves many things, of course. One of the most common safety measures worldwide is simple enough: it is the placement of a label giving a written warning of potential harm.
History of Warning Labels
The first legally mandated warning labels were required by federal law in the 19th Century based upon concerns over food adulteration, led by the contributions of Dr. Harvey W. Wiley, State Chemist of Indiana and Professor of Chemistry at Purdue University. For more, read Janssen, Wallace. “The story of the laws behind the labels.” US Food and Drug Administration (1981).
Many of these labels also include easily understood graphics for those who do not read or those who understand the label’s language. For instance, one of history’s first warning labels involved the image of a skull and crossbones with wording to warn the contents were poisonous. Read, “Pirates, Poison, and Professors: A Look at the Skull and Crossbones Symbol,” written by Emily Miranker and published by the New York Academy of Medicine Library Blog on September 19, 2016.
Here in Illinois and Indiana, warning labels are commonplace today. They appear on all sorts of products and goods at home and at work. Warning labels come in various forms (colors, size, placement) and many are required by law.
Warning Labels: Industrial Standards and Legal Requirements
Warning labels specific to the individual product or good may be provided by industrial specifics or by safety regulation. Congress has passed many different laws pertaining to specific products and the need for warning labels.
One example: the Federal Hazardous Substances Act mandates warning labels on containers of hazardous household products that are dangerous because they are toxic, corrosive, flammable, combustible, generate pressure through decomposition, etc. and which have the potential to cause substantial personal injury or illness from reasonably foreseeable handling or use. This statute requires the warning label to have information in English that includes:
(1) The name and business address of the manufacturer, packer, distributor, or seller;
(2) The common or usual or chemical name of each hazardous ingredient;
(3) The signal word “Danger” for products that are corrosive, extremely flammable, or highly toxic;
(4) The signal word “Caution” or “Warning” for all other hazardous products;
(5) An affirmative statement of the principal hazard or hazards that the product presents, for example, “Flammable”, “Harmful if Swallowed”, “Causes Burns”, “Vapor Harmful”, etc.;
(6) Precautionary statements telling users what they must do or what actions they must avoid to protect themselves;
(7) Where it is appropriate, instructions for first aid treatment to perform in the event that the product injures someone;
(8) The word “Poison” for a product that is highly toxic, in addition to the signal word “Danger”;
(9) If a product requires special care in handling or storage, instructions for consumers to follow to protect themselves; and
(10) The statement “Keep out of the reach of children”. If a hazardous product such as a plant does not have a package, it still must have a hang tag that contains the required precautionary information. That information must also be printed in any literature that accompanies the product and that contains instructions for use.
ANSI Standards for Warning Labels
The American National Standards Institute (ANSI) subdivides product safety labels into various categories. There are (1) danger labels; (2) warning labels; (3) caution labels; (4) notice labels; and (5) safety instruction labels (see examples here). See, Young, Stephen L., et al. “Safety Signs and Labels.” Professional Safety 47.9 (2002): 18-23.
The ANSI safety labels are industrial guidelines. Standing alone, they do not carry the force of law. However, over time more and more legal requirements have been enacted that demand labels to be placed as protective measures on all sorts of things.
Agency Regulations for Warning Labels
Various federal agencies oversee compliance with safety regulations demanding warning labels. There is no single regulatory agency at the state or federal level that oversees safety protections involving all product labels.
Consumer Goods: CPSC
For instance, the Consumer Product Safety Commission (“CPSC”) handles warning labels for all sorts of consumer goods and products. The specifics of the warning label depend upon the type of product involved and the intended user (children have different needs here than adults).
The CPSC does not regulate all consumer products available in the U.S. Marketplace. Some products are governed by other agencies (see below). Other products do not have warning label laws. To find out more about a specific consumer good and its warning label requirements, the CPSC provides its searchable online database, called the CPSC Regulatory Robot.
An example of CPRC requirements involves warning labels for small parts in products intended for use by children under the age of six years old. See, 16 CFR 1500.19, 16 CFR 1500.20, and 16 CFR 1500.121.
Hazardous Chemicals on Worksite: OSHA
Another example: the Occupational Safety and Health Administration (OSHA) oversees the Hazard Communication Standard to protect workers against injury from chemicals in the workplace. Employers must make sure there are warning labels and safety data sheets available for workers who are tasked with working with or near hazardous chemicals. Manufacturers are required to have specifics within warning labels for their products “that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided.”
Other Regulatory Agencies for Warning Labels
Some products or goods used here in Indiana and Illinois are legally required to have warning labels overseen by several different agencies. These include:
- Motor vehicles (cars, pickups, minivans, SUVs, motorcycles): the National Highway Traffic Safety Administration (NHTSA);
- Food, drugs, medical devices, and cosmetics: the Food and Drug Administration; and
- Aircraft (planes; helicopters; etc.) and airline services: the Federal Aviation Administration (FAA).
Warning Label Requirements
Each warning label will have its own particular requirements that have been identified as necessary based upon its dangers as well as upon those likely to use the product or good.
Regardless of industrial standard or regulatory requirement, warning labels should have (1) bold fonts or lettering; (2) graphics that are easily understood by all ages; and (3) a brief summary of the specific dangers involved with the product.
A key component in any warning label will be its “signal word.” Toxic products may well need to include the phrase “Keep Out of the Reach of Children” for instance, along with words like “Danger” and “Poison.” See, “Understanding Signal Words on Pesticide Labels,” written by Mike Wierda, et al. and published by the University of Arizona College of Agriculture and Life Sciences.
Injuries and Warning Labels: Liability After Victim is Hurt by Product or Good
There is a reason for so many products in our modern world having warning labels. More and more victims have suffered serious or deadly injuries from products or goods that have proven to be extremely dangerous. Warning labels are safety measures to protect against future harm.
If someone is hurt by any type of product or good, then they have a right to independently investigate the incident to determine the extent of legal liability that may be involved.
Warning labels are not shields from responsibility. Inadequate warning labels or the lack of a warning label may form the basis of legal claims for damages by the injured victim and their loved ones.
Manufacturers of products that have caused harm may be held responsible for the consequences even if there is a warning label on their good. If there is no warning label at all, there is also a possible argument they should be accountable to the victim.
Depending upon the situation, others may also have legal duties to the injured person who was hurt by the product or good. An employer may be accountable for injuries suffered by a hazardous chemical in a work accident, for instance. Distributors, sellers, and other third parties may also have legal recompense in some situations.
For more, read:
- When Tools Are to Blame for Serious Work Accidents: Who’s Responsible? Product Liability
- Recalls Don’t Solve the Problem of Defective Product Injuries
- Dangerous Products are in the Store: Beware of Defective Goods in Indiana and Illinois
- Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana.
Warning labels are vital to keep people safe from dangers known to the manufacturers and others (such as employers, contractors, etc.) in all sorts of products. Catastrophic injuries can happen with life-altering consequences from something as simple as burns from a too-hot coffee mug; a combustible paint can; or a rooftop fall from a ladder. Not having a warning label or having a label with an inadequate warning can result in permanent harm or death. Please be careful out there!
