Certain products sold in Missouri must be compliant with state-level safety standards, chemical and heavy metals restrictions, labeling, testing, and documentation requirements. In this guide, we cover compliance requirements applicable to cosmetics, mattresses, e-cigarettes, and other product categories.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Missouri. 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.
Food, Drugs and Cosmetics-Regulation and Inspection
The Missouri Revised Statutes Chapter 196 regulates the sale of food, drug, and cosmetic products being sold in Missouri. It covers topics such as product prohibitions, misbranded or adulterated items, and the use of poisonous substances.
The statutes cover food, drug, and cosmetic products as defined below:
Articles used for food or drink for man or other animals. Here are some examples of covered products:
- Canned foods
- Meat products
Articles recognized in the official United States Pharmacopoeia, intended for use in the diagnosis, cure, and treatment. Here are some examples of covered products:
Articles intended to apply to the human body for cleansing, beautifying, and altering the appearance. Here are some examples of covered products:
- Facial makeups
- Fingernail polishes
The statutes set out the requirements as below:
a. The statutes prohibit any sale of food, drug, and cosmetic that is adulterated or misbranded (e.g. a label with incorrect ingredients)
b. The statutes prohibit the use of poisonous or deleterious substances in food, drug, and cosmetic products
c. The statutes require registration for any sale or delivery of new drugs
e. Food, drugs, and cosmetics products should comply with relevant federal requirements
A product that features a label with Insufficient information is considered as a misbranded product under the statutes. Therefore, food, drug, and cosmetic products should at least include the following information on the label:
- Product SKU
- Manufacturer information
- List of ingredient
- Expire date
- Warning statement (if applicable)
Manufacturers or sellers of the covered food, drugs, or cosmetics products should arrange lab testings to verify if they contain poisonous or deleterious substances. Reputable testing companies that offer this service include SGS, Intertek, and Bureau Veritas.
Mattresses-Missouri Revisor of Statutes
The Revised Statutes of Missouri Chapter 421 set out the requirements for the sale of mattresses, which include labeling, material grades, and more.
The Statutes define a mattress as any fabric product with filling material that can be used for sleeping or reclining purposes. Here are some examples of the covered products:
- Box springs
- Studio couches
- Bean bags
The Missouri Statutes set out the requirement for bedding items as below:
a. All bedding items should bear a clear and conspicuous label about the material statement, for example, “New material” or “Secondhand material.”
b. No person should remove, deface or alter any statement on the label
c. Companies should attach a label for the material grades and registry number (established by the department of health and senior services)
The statutes require that manufacturers or sellers should include the following information on the label:
a. A Statement at the top of the label: “UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER”
b. A material statement, such as “All New Material”, or “Secondhand Material”
c. Description of filling material
d. The registry number assigned by the health and senior services (if applicable)
e. For renovated articles, the name, and address of the owner
f. The finished size of the items (e.g the width and length expressed in inches)
The Missouri Revised Statutes Chapter 407 set out a general provision for the sale of e-cigarettes, which includes labeling, applications, and sale prohibitions.
The statutes define an e-cigarette as any noncombustible product containing nicotine and product vapor from nicotine in a solution or other forms. Here are some examples of covered products:
- Electronic cigars
- Electronic cigarillos
- Electronic pipes
The statutes set out the requirements for the sale of e-cigarettes as below:
a. The statutes prohibit the sale of e-cigarette products to any person who is less than eighteen years of age.
b. The nicotine liquid container should comply with the child-resistant effectiveness standards set in 16 CFR 1700.15(b)
c. E-cigarettes should include a warning statement on the label.
d. The sellers of e-cigarette should apply for permits via the sales tax license application
The statutes set out the e-cigarette labeling requirements as below. For example, the label should contain a red lettering statement (at least one-half inch high) with the following wording:
“It is a violation of state law for cigarettes, other tobacco products, alternative nicotine products, or vapor products to be sold or otherwise provided to any person under the age of eighteen or for such person to purchase, attempt to purchase or possess cigarettes, other tobacco products, alternative nicotine products or vapor products.”
The Missouri Revised Statutes Chapter 537 provides a general provision on products liability, which includes liability claims and warning labels requirements.
The statutes apply to most consumer goods being sold in Missouri. Here are some examples of covered products:
- Textile products
- Electronic products
- Kitchen products
- Children’s products
The statutes explain that manufacturers are liable for product liability claims if:
a. The product might cause unreasonable danger to the consumers
b. The product fails to provide relevant warning statements
Claimants have sixty days to file a claim against manufacturers for any damage or loss caused by the defective products.
Manufacturers are liable for any damage caused if they don’t provide sufficient warning statements on the products. Here are some examples of warning statements:
a. “The food contains caffeine and may cause allergies to the consumers”
b. “Children under 5 years of age should be guided by an adult when using the product”
c. “ The surface coating of this product contain lead”
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