The U.S. Consumer Product Safety Commission (CPSC) voted unanimously to issue a complaint against Chattem, Inc. of Chattanooga, TN, because Chattem does not supply popular sizes of its Pamprin products in child-resistant packaging. While Pamprin products are available in child- resistant packaging, the overwhelming majority of Pamprin sold is in non-child-resistant packages, which could result in poisoning to children. CPSC's complaint, issued under the Poison Prevention Packaging Act, alleges that Pamprin products packaged in child-resistant packaging are insufficient to supply purchasers who have young children or who may encounter young children. The complaint seeks an order requiring Chattem to package its entire line of Pamprin products in child-resistant packaging, the only statutory remedy available to the Commission. The complaint was issued after the firm refused to voluntarily package more of its Pamprin product line in child-resistant packaging.
Pamprin is an over-the-counter medicine containing acetaminophen, specifically marketed to women of child-bearing age to relieve menstrual pain. The Poison Prevention Packaging Act requires that these products be in child-resistant packaging. The Act allows a manufacturer to package one size of each product in non-child-resistant packaging for elderly and disabled people who are unable to use child-resistant packaging. However, if CPSC determines that a manufacturer is not providing the medicine in popular size packages that are child-resistant (and possibly putting young children at substantial risk) the Commission may require the manufacturer to package the medicine entirely in child-resistant packaging. In order to do this, the Commission must find that such exclusive use of child-resistant packaging is necessary to accomplish the purpose of the Poison Prevention Packaging Act, which is to protect young children from accidental ingestions of potentially hazardous household products.
Child-resistant packaging has been very effective in reducing deaths and injuries associated with accidental ingestion of medicines and household chemicals. CPSC estimates that child- resistant packaging for aspirin and oral prescription medicine saved the lives of about 700 children since the requirements went into effect in the early 1970s. However, this success story has not eliminated the poisoning problem in America. In 1990, 49 children under age 5 died from accidental poisoning with medicines or household chemicals. Nearly a million consumers called poison control centers about actual or "near-miss" child poisonings last year.
CPSC took today's action as part of its mission to protect the public from unreasonable risks of injury and death associated with consumer products. The Commission's objective is to reduce the estimated 28.6 million injuries and 21,700 deaths associated each year with the 15,000 different types of consumer products under CPSC's jurisdiction.
About the U.S. CPSC
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. Since the CPSC was established more than 50 years ago, it has worked to ensure the safety of consumer products, which has contributed to a decline in injuries associated with these products.
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