CPSC has taken a significant step towards enhancing consumer safety with the unanimous approval of a Notice of Proposed Rulemaking (NPR) addressing the hazards posed by aerosol duster products.[1] 

Aerosol dusters have been associated with over 1,000 reported deaths and 21,700 emergency department-treated injuries due to inhalation of hazardous chemicals such as HFC-152a (1,1-difluorethane) and HFC-134a (1,1,1,2-tetrafluoroethane).  The impact of aerosol duster products containing these chemicals has been devastating. Aerosol Duster inhalation is a nationwide problem, with the primary concentrations of reported propellant inhalation deaths in Florida (83), Texas (67), California (67), Georgia (58) and North Carolina (47).  And there appears to be a concerning rise in fatalities and injuries linked to their use, affecting families nationwide. 

Under the proposed rule, aerosol duster products would be restricted to contain no more than 18 mg in any combination of HFC-152a and/or HFC-134a.  Based on agency calculations, a non-toxic human dose is equivalent to 18 mg. By removing products with high levels of HFC-152a and HFC-134a, the draft proposed rule would restrict availability of products containing HFC-152a and HFC-134a in amounts likely to be abused, preventing injuries and deaths. 

Our staff also estimates the potential net benefit of the rule “to be $1.93 billion due to reduced fatalities and injuries from inhalation.”[2]

This rulemaking initiative underscores CPSC’s dedication to protecting consumers from preventable harm and addressing the public’s concerns.  The unanimous support for this NPR reflects the gravity of the issue and the imperative to act swiftly.

The decision follows a compelling petition submitted by Families United Against Inhalant Abuse (FUAIA), which asked CPSC to adopt mandatory safety standards for these products.  I am grateful to FUAIA for their advocacy and the personal testimonies that have driven this action.  To the families that have suffered profound losses due to these products:  I hear you, and I stand with you.  Your voices have been instrumental in shaping this crucial step towards a safer future.

Faithfully,

Commissioner Richard L. Trumka Jr.

*The views expressed in this statement are solely the views of Commissioner Trumka and do not necessarily reflect the views of the Commission.

[1]Notice of Proposed Rulemaking: Notice of Proposed Rulemaking: Banned Hazardous Substances: Aerosol Duster Products Containing More than 18 mg in Any Combination of HFC-152a and/or HFC-134a, 89 FR 61363 (available at: https://www.federalregister.gov/documents/2024/07/31/2024-16716/banned-hazardous-substances-aerosol-duster-products-containing-more-than-18-mg-in-any-combination-of (July. 2024). 

[2] Notice of Proposed Rulemaking: Notice of Proposed Rulemaking: Banned Hazardous Substances: Aerosol Duster Products Containing More than 18 mg in Any Combination of HFC-152a and/or HFC-134a, at page OS-38 (available at: https://www.cpsc.gov/content/Briefing-Package-Draft-Proposed-Rule-Aerosol-Duster-Products (July. 2024).