Chemical products intended for consumer use in the United States are subject to regulations that differ from OSHA HazCom (the U.S. implementation of GHS). According to federal law, such products are regulated under the Federal Hazardous Substances Act (FHSA), codified in US 16 CFR 1500, and enforced by the Consumer Product Safety Commission (CPSC) (www.cpsc.gov).

Key Differences Compared to GHS/CLP

Unlike the EU CLP Regulation, the FHSA establishes its own criteria for the classification and labeling of chemical substances and mixtures. Hazard assessment and labeling requirements under FHSA differ significantly from GHS-based systems. As a result, consumer products intended for the U.S. market must be evaluated and labeled according to separate FHSA rules.

For products with dual use (both consumer and occupational), it may be necessary to prepare a combined label that meets the requirements of both FHSA and OSHA HazCom.

Required Label Elements (FHSA)

For products classified as hazardous under FHSA, the label must include the following elements:

• Signal word: DANGER, POISON, WARNING, or CAUTION – depending on the nature of the hazard

• Statements identifying the principal hazard(s), e.g., FLAMMABLE, VAPOR HARMFUL, CAUSES BURNS

• Common or chemical name of the hazardous substance

• Name and address of the manufacturer, packer, distributor, or seller

• Precautionary statements describing the necessary safety measures

• Handling and storage instructions, if applicable

• The mandatory phrase: "KEEP OUT OF REACH OF CHILDREN" or its practical equivalent

• First aid statements, if applicable or necessary

Although the required elements may resemble those under GHS/CLP, it is important to note that phrases are not standardized (as H- and P-statements are in the EU), and the selection process follows different criteria.

FHSA Hazard Categories

Under FHSA, substances are classified into the following hazard categories:

• Toxic

• Corrosive

• Flammable or Combustible

• Irritant

• Sensitizer

• Pressure-generating substances (due to decomposition or heat)

The law also includes specific requirements for certain types of substances or products – for example, those containing more than 4% methanol.

Summary

Due to significant differences from European regulations, consumer product labeling for the U.S. market must be developed separately, based on an assessment compliant with FHSA. For dual-use products, a combined label addressing both FHSA and OSHA HazCom requirements may be necessary.

Our experts provide support in the classification and labeling of chemical products according to U.S. regulations, including the preparation of safety data sheets and labels tailored to the U.S. market.