Warning Label Experts Discuss Inadequate Labeling on Small Electronics

Case Overview

This case involves a mother in Mississippi who bought a package of small, battery powered toys with multicolored LED illumination. The mother distributed the toys to her own children as well as several of their friends during a birthday party at the defendant’s house. The toys were powered by small coin cell batteries that were accessible by a plastic battery compartment hatch that was secured by a thin latch. At some point, one of the younger children managed to open the battery compartment and extract the coin cell battery, at which point he swallowed the battery. The child suffered extensive injuries, including a perforated esophagus, as a result of swallowing the battery. It was noted that the toys lacked any significant warnings regarding the batteries, including the risk of ingestion.

Questions to the Occupational Health and Safety expert and their responses

Are you familiar with the standards governing batteries and warnings that accompany them?

My understanding is that there are federal requirements for shipping batteries and even recent requirements for lithium batteries that indicate their combustible nature. It is possible that the Federal Hazardous Substance Act could apply here in that it has a warning label requirement for household products that are toxic or corrosive and it includes products that can be swallowed by young children. For adequate labeling, the ANSI Z535 warning label standard would apply here and it details signal word, placement, content, and color.

Have you ever had a role in the past in designing warnings, especially for consumer products?

I have designed warning labels and have advised manufacturers about the use of ANSI Z535 in creating their labels.

About the expert

This expert earned his BS in Mass Communication from Kansas State University and went on to complete his MA and PhD in Communication Studies at the University of Kansas. He specializes in research on how people access and respond to safety and health risk information and examines the effectiveness of consumer products and equipment warning labels. He has published dozens of peer-reviewed articles and is a member of the International Communication Association and the National Communication Association. Previously, he served as the Director of the Communication Management program at Trinity University, where he also served as an Associate Professor of Human Communication. Currently, he is a Professor of Human Communications at a university in the Southwest.

E-031971

Specialties:

Occupational Health and Safety