Certain consumer products sold in Florida are subject to heavy metals restrictions, labeling, and other compliance requirements. In this guide, we introduce you to product regulations applicable to cosmetics, beddings, and packaging materials in the State of Florida.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Florida. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Florida Drug and Cosmetics Act
The Florida Drug and Cosmetics Act provides uniform legislation to be administered in conformity with the Federal Food, Drug, and Cosmetic Act and certain sections of the Federal Trade Commission Act. It aims to prohibit the false advertisement and the adulteration of drugs, devices, and cosmetics.
As the title of the Florida Drug and Cosmetics Act has explicitly indicated, this act applies to:
- Medical devices
This Act forbids the adulteration, misbranding and false labeling of drugs, medical devices, and cosmetics products to be sold in the State of Florida. The Florida Drug and Cosmetics Act inherit the Federal Food, Drug, and Cosmetic Act to a large extent. However, it requires a specific permit that must be obtained in the state.
This Act requires that importers or manufacturers of prescription drugs, medical devices, and cosmetics must obtain a permit before they can operate in the State of Florida.
You can visit Section 499.012 of the Florida Drug and Cosmetic Act to access the complete requirements of the permit application.
The act requires that the packaging for drugs, medical devices, and cosmetics should bear a label containing enough information for consumers to understand the origin, identity, ingredients, or other information of the product. This includes the following:
- Name and place of business of the manufacturer, repackager, or distributor
- Indication of the quantity of the contents in terms of weight, measure, or numerical count
- Quantity ingredients (if applicable)
- Directions for use (if applicable)
- Pathological warning (if applicable)
The latest three items don’t apply to cosmetics, as outlined in section 499.009 of the act.
Bedding Label Act
The Bedding Label Act establishes labeling requirements for beddings products that are entirely made of or contain used materials.
Products covered under the Bedding Label Act are products that are made of leather or other materials which are used for the purpose of sleeping or reclining. These products include:
- Box springs
This act requires that any covered bedding product sold in the State of Florida containing previously used materials should bear a conspicuous label notifying the consumer of this fact. Notice that in this case “used materials” do not include new materials made of recycled materials.
The Act requires that the label must be firmly stitched or attached to the bedding product in a conspicuous way. The dimension of this label is to be at least 1 by 2 inches. The label should contain a statement that the bedding product is made of or contained used materials and declare the amount of the used materials present in the bedding.
Toxics in Packaging Law
The Toxics in Packaging Law of Florida sets limits on the use of certain heavy metals contained in product packaging and its components.
This law covers consumer product packaging and food packaging. Examples of covered packaging include the following:
- Carrying cases
- Rigid foil
In addition, packaging components and materials such as the ink, coating, paper label, closures, and other parts of the product packaging should also comply with the set limit specified by this law.
This law prohibits the sales of the above-listed product packaging and food packaging materials containing more than 0.01% by weight of the following heavy metals:
- Hexavalent chromium
According to this law, importers or manufacturers of product packaging or food packaging must prepare a Certificate of Compliance, which is a statement declaring that the package and packaging components comply with the heavy metal concentration requirements set forth by the law.
Importers or manufacturers of product packaging should keep a copy of the Certificate of Compliance for at least 3 years from the date of the last sale.
Importers or manufacturers of covered packaging selling in Florida should make sure that their products comply with the heavy metal content limit set by the Toxics in Packaging Law. Conducting heavy metal lab tests can help importers or manufacturers determine the heavy metal content on the products.
Components on product packaging such as the ink, coating, labels, and other parts of the packaging should also be tested.
The Weights and Measures Act of 1971
The Weights and Measures Act of 1971 requires that product packaging of consumer products should contain information disclosing the identity, weight, and manufacturer’s information of the product.
This Act applies to product packages, which cover “any container or wrapping in which any commodity is enclosed for use in the delivery or display of that commodity to purchasers”. Here some examples of covered product packages:
- Packaging for apparel and textiles
- Packaging for footwear
- Packaging for leather goods
- Packaging for gloves
The Act requires that packages kept for the purpose of sale shall bear on the outside of the package the following information:
- Commodity identity
- Net quantity of contents in terms of weight, measure, or the count
- Name and place of business of the manufacturer, packer, or distributor
In the table below we provide links to access to the original text of the laws, acts or regulations we introduced above.
|Florida Drug and Cosmetics Act||Link|
|Bedding Label Act||Link|
|Toxics in Packaging Law||Link|
|The Weights and Measures Act of 1971||Link|