Certain product types sold in Louisiana must comply with state-level safety standards, lead and chemicals restrictions, labeling, testing, product liability, and other requirements. Keep reading, and learn more about product regulations and standards covering toys and other children’s products, cosmetics, mattresses, electronic cigarettes, and other products.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Louisiana. 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.
Sale and Use of Lead-Based Paint and Other Similar Lead-Based Surface Coating Material Restricted
Louisiana Revised Statutes Title 40 Section 1285 sets the requirements for the sale and use of lead-based paint, and similar lead-based surface coating materials. It covers topics such as prohibited activities, labeling requirements, and warning statements.
The statute requirements apply to products such as:
- Children’s toys
- Interior surfaces of any dwelling (e.g. paints)
- Exterior surfaces of any dwelling (e.g porches and window sills)
- Residential furniture (e.g. couches and tables)
- Kitchen utensils (e.g. bottles and clay pots)
The statutes set out the requirements such as the following:
a. No person should sell or offer any unlabeled products that contain lead-based paint or similar surface coating material
b. Applicable warning statement should be added to the label of lead-based paint or similar surface coating covered products
c. The concentration of lead in the coating should not exceed the amount established by relevant federal regulations. For example, school supplies should not contain more than 0.009% of lead in paint or any similar surface coating
Covered products that contain lead should be labeled with a statement such as:
WARNING: Contains lead. The dried film of this paint may be harmful if eaten or chewed.
Paint that contains lead should be labeled with a statement such as:
“Do not apply on toys and other children’s articles, furniture, or interior surfaces of any dwelling. Do not apply on those exterior surfaces of any dwelling, such as window sills, porches, stairs, or railings, to which children may be commonly exposed. Keep Out Of The Reach of Children.”
The statutes require that the lead concentration in covered products should comply with relevant federal regulations. Therefore, manufacturers should arrange lab testing from reputable companies such as SGS and Intertek, to assess the concentration of lead in the paint or coating material present in their products.
Sale of Toy Pistols Prohibited
Louisiana Laws Revised Statutes Title 14 Section 319 prohibits the sale of toy pistols in Louisiana.
This section covers any toy pistol constructed to accommodate powder cartridges and similar products.
Here are some examples of the covered products:
- Laser gun toys
- Swat gun toys
- Airsoft gun toys
The statutes set out requirements for toy pistols as the following:
a. No person should sell or offer any toy pistol constructed to accommodate blank powder cartridges, shells used in firing or discharging toy pistols
b. Whoever violates the requirements should be fined not more than fifty dollars or imprisoned for not more than ten days
c. Paper cap pistols and other toy pistols without powder cartridges or shells are not covered by the statutes
Prohibited Sales of Mattresses and Box Springs
Louisiana Laws Revised Statutes Title 51 Section 915 set out the requirements for the sales of mattresses and box springs.
This section covers most mattresses and box springs. Here are some examples of covered products:
- Memory foam mattresses
- Adjustable air mattresses
- Low-profile box springs
- Coil Box springs
The statutes forbid the practice of refusing to sell to any individual any mattress or box spring separately. Thus, sellers should offer both:
a. Mattresses and box springs separately, with a separate price for each item
b. Mattresses and box springs in a set
Whoever violates the requirement should be fined an amount included within 50 and 100 dollars.
Louisiana Laws Revised Statutes Title 40 Section 622 set out the requirements for misbranded cosmetics. It covers the definition of misbranded cosmetics and labeling requirements.
The statutes cover most cosmetic products, such as:
- Skin-care products
- Eye and face makeups
The statutes consider cosmetics to be misbranded if they meet the following criteria:
a. The labeling includes false or misleading information
b. The packaging is not labeled
c. The labeling information is deemed not clear enough for consumers to understand its meaning
The labeling should include at least the following information:
- Manufacturers contact information
- Quantity of the contents
- Warning statements (if applicable)
Louisiana Laws Revised Statutes Title 26 Section 901 and Title 14 Section 91.6 set out the requirements for the sale of e-cigarette in Louisiana. They cover topics such as the definition of e-cigarettes, youth access restrictions, and retail license requirements.
The statutes define an e-cigarette as any non-combustible product containing nicotine that employs heating elements to produce vapors. Here are some covered product examples:
- Electrical cigarettes
- Electronic cigars
- Electronic pipes
- Electronic cigarillos
The statutes set out the requirements for e-cigarettes, such as:
a. Manufacturers and retailers should not offer or sell any e-cigarette products to a person under the age of 21
b. Manufacturers and retailers are required to obtain a permit from the state department before selling e-cigarettes
c. Using vaping devices in vehicles is prohibited when a child under age 13 is present
Louisiana Laws Revised Statutes Title 9 Section 2800 sets manufacturers’ responsibility on defective products, which include warning statements and defective designs.
The statutes apply to most consumer products. Here are some examples of covered products:
- Textile products
- Electric products
- Furniture products
- Children’s products
The statutes state that a manufacturer should be liable if any of the following situations apply:
a. The product is unreasonably dangerous to consumers
b. The product does not provide adequate warning for consumers
c. The product’s design would likely cause damage to consumers
Manufacturers are responsible for any damage caused by inadequate warnings or other labeling information. Therefore, manufacturers should include information such as the following on their product’s label:
- Product information
- Manufacturers’ contact
- Warning statements (if applicable)
- Compliance statements (if applicable)
Manufacturers are responsible for any damage caused by defective products. Therefore, they should contact a lab testing company and perform relevant safety tests to ensure the product’s safety before selling in the state of Louisiana.
|Sale and Use of Lead-Based Paint and Other Similar Lead-Based Surface Coating Material Restricted||Link|
|Sale of Toy Pistols Prohibited||Link|
|Prohibited Sales of Mattresses and Box Springs||Link|
|Product Liability Act||Link|