Are candle warning labels required?

[Judy, USMC]

There was a statement made in another thread that "Putting a warning label on candles is required by law ..."

I know that there are federal requirements stating that the net weight and identification of the manufacturer or distributor has to be on the label. I haven't found any mandatory requirement for warning labels... even on the Consumer Product Information site.

Would appreciate a link if anyone knows ...

Thanks!

[Wessex]

You know, I never really thought about it. I have always done it because it is a "best practice". I did some searching and could not find anything saying it was a law or regulation. It might be, but I didn't really search in depth. I found where the ASTM had standards set, but these are strictly voluntary. I found something with the Consumer Product Safety blah blah, whatever their name is. It is a paper going into the need for it, but (of course) has been tabled for later dicussions, LOL.

http://www.cpsc.gov/LIBRARY/FOIA/FOIA06/brief/candleballot.pdf

Cheers,

Steve

[LuminousBoutique]

I have not run across anything that states it MUST 100% be displayed.. i think its just one of those unwritten rules.. and they are so cheap, even to have them custom printed, I never really blinked twice at it. Which reminds me, I need to order more!! good thing I saw this today or I wouldnt have thought of it until Wednesday when I was pouring!! lol

[EricofAZ]

Gee, I typed a good response and it disappeared. Ok, here's take two:

In the U.S., civil lawsuits about injury from candles are based on tort law. Tort law requires four parts to be met to make a valid lawsuit. 1) there has to be a duty owed to the other person. 2) there has to be a breach of that duty. 3) there has to be damages. 4) the damages have to be caused by the breach of the duty. Think of it as Duty, Breach, Damages, Causation. Remove one of those and the defendant should be off the hook.

The duty comes from two primary sources. One is statutes. If there is a regulation in your State or a Federal code/statute that requires a chandler to warn, then that statute will establish the duty. If not, look to appeals level court cases. Appeals cases also establish a duty by commonlaw.

If no caselaw or statutory law on point, then the next is "foreseeability" meaning that if you make a product and the industry (not you, but the industry of chandlers in general) foresees a harm and fails to warn, then a damage from that harm might be enough.

What do we foresee? Well, we foresee that folks might not attend their candles as they should. Warn to attend the candle.

What do we not foresee? Um, we don't foresee that someone will build a spaceship and launch our candle into the sun and cause an implosion thereby estinguishing life on Earth so don't warn against that. (I make fun because I know a company that made a coffee cup and mailed it with a 16 page "operator's manual" designed to warn about everything including the extinction of life on earth.)

So aside from the standard and common warnings (attend the candle, don't burn more than 4 hours, etc), I print the website www.candles.org/safety.html on my labels.

Of course, you can eliminate many of the problems just by building a candle that works right (doesn't overheat, throw sparks, in a stable container, etc.). For the rest of the problems (too close to curtains, burning unattended under a cupboard) you have to warn and direct that folks go read the rules.

Is there a requirement? Yes. We do have to warn.

[Stella1952]

There was a statement made in another thread that "Putting a warning label on candles is required by law ..."

...and I wouldn't be surprised if I was the one who made it! Shamefully, the answer, at this time is Federal law does not specifically require you to put a warning label on your candle. As of August 11, 2010, the CPSC has NOT made the ASTM standards mandatory, according to this statement by the National Association of State Fire Marshals to the US CPSC.

Anyone who does not wish to follow the VOLUNTARY industry standards of the ASTM, supported and developed by the National Candle Association, the NASFM and other industry and safety organizations, is not legally required to do so. However, if one is a member of the NCA, it IS a requirement (read below).

From the NCA website:

What You Should Know

• Every candle should have a cautionary label or tag listing the three key rules for candle fire-safety.
  

• Most cautionary labels also include additional manufacturer instructions for burning the candle properly.
  

• All NCA members label their candles for fire safety, and test their candles to meet fire-safety manufacturing specifications.
  

• Beware of purchasing a candle that doesn't carry a fire-safety label.
  

Reputable candle manufacturers adhere to industry standards. If a candle doesn't meet the labeling standard, it probably doesn't meet other important industry standards for fire-safety design.

Whomever made that statement did so in error, Judy - no one can make a US candle maker put a warning label on the candles they sell in the US, despite industry recommendations. Glad we cleared that up. :rolleyes2

_______________________________________________________________

For those who might have an interest in candle safety & quality standards, I noted that European Standards, both voluntary and mandatory, are much more stringent than are those in the US. The EU has specific laws which have been adopted or incorporated by its members, such as the ones adopted by the UK, Germany, etc.

The European Quality Association for Candles goes a step further than EU regulations. Here's their standards to be able to use the RAL Quality Mark for Candles:

http://www.kerzentest.de/grafiken/news/RAL-GZ-041-Edition-September-2009-EN.pdf

Canada has some good regulations proposed, although I do not know if these proposed regulations have been enacted.

http://198.103.98.186/archives/p1/2003/2003-11-22/html/reg6-eng.html

There are companies which specialize in testing candles for certification to insure they comply with industry standards and regulations. This is one such company I found:

http://www.intertek.com/consumer/furnishings/candle-products/

[MoonshadowLane]

Gee, I typed a good response and it disappeared. Ok, here's take two:..........

...........Is there a requirement? Yes. We do have to warn.

Thanks for a very informative view of warning labels Eric. I have a question tangential to candle warning labels as concerns what warning labels would be appropriate on Hurricane shells and Orbs. The votive candle that comes with the shell or orb already has a warning label so would another label on the shell itself be a good idea? Under the "forseeability" doctrine, I'm inclined to say yes. However, I have done extensive searches on this forum and other candle sites but I have been unable to locate any Hurricane specific warning labels. Is there an industry standard for labeling Hurricane shells that anyone knows about ?

[Stella1952]

Is there an industry standard for labeling Hurricane shells that anyone knows about

I am not aware of any standard for hurricanes or tarts, melts, "wickless" candles, since none of those products can be defined as candles. I have seen preprinted warning labels for them at one site but can't remember exactly where, offhand.

Under the "forseeability" doctrine

I LOVE that!

In absence of common sense, some people WILL substitute a different size candle than the one I include with my hurricanes, so there's always the possibility that they'll choose a size that is too large and melt the inside of the 'cane, exposing flammable materials embedded in the sides. I made my own warning labels for the hurricanes I sold using Avery LabelMaker Pro and label sheets from BrownKraftLabels. The wording was similar to "normal" warning labels. I also included more detailed usage instructions inside the 'canes. At least I can't be accused of not performing "due diligence." HTH

[Judy, USMC]

Is there a requirement? Yes. We do have to warn.

I agree that warning labels should be on candles but it looks like, at this point in time, there is no Federal requirement. It does, however, appear that if/when a label reqirement comes about the label layout and wording will be provided to us.

[bugtussle]

My Liability Ins Co requires a warning label. That's a good reason beside all the obvious. Carole

[EricofAZ]

I think we are confusing two bodies of law ---- criminal and civil.

And confusing jurisdictions --- Federal, State, Local.

There are two major bodies of law, criminal and civil (and in some circumstances, administrative law, but warning labels I don't think fall under any administrative agencies).

Ok, so maybe there is no criminal statute regarding warning on a federal level (though I shudder to say no when I have not researched all 372,917,274 pages of the Federal register).

I am absolutely certain that we all have a civil duty and civil law is law. You won't go to jail for violating civil law, just pay money when the verdict is for the plaintiff.

That said, a quick look at chandler cases seems to be few and far between. You have my interest here so I'll try to do a bit more research. I came across one case from 1975 where Faberge was sued because a kid decided that a candle was not scented and poured perfume in the melt pool. It spewed forth and hurt another kid. Court said that Faberge failed to warn because it had no warning about flammability on the label. The chemist for Faberge was aware of the flammability of the perfume and aware that it might be a big problem if the product was near a flame. The warning was not about "Hey, don't put this in a lit candle." It was about "Warning! Flammable!" That simple, and neglected. Moran v. Faberge Inc., 273 Md. 538, 332 A.2d 11 (Md.App. 02/03/1975).

So nobody at Faberge violated any criminal statutes and nobody went to jail, but the company did have to pay by Jury verdict as a matter of law for its failure to warn over a very basic issue - flammability.

Here's a quote from the appeals decision; "To begin with we note that a manufacturer's duty to produce a safe product, with appropriate warnings and instructions when necessary, is no different from the responsibility each of us bears to exercise due care to avoid unreasonable risks of harm to others."

I really think that says it all. But just in case we don't "get it" the court went on to say more... (oh, and the word chattle means property or in this case, a product).

-----------------------------------------------------------

"Whether any such unreasonable risk exists in a given situation depends on balancing the probability and seriousness of harm, if care is not exercised, against the costs of taking appropriate precautions. However, we observe that in cases such as this the cost of giving an adequate warning is usually so minimal, amounting only to the expense of adding some more printing to a label, that this balancing process will almost always weigh in favor of an obligation to warn of latent dangers, if the manufacturer is otherwise required to do so."

"Since the cost factor here undisputedly would be of minimal consequence, the question then needing to be answered is, when does the responsibility to warn arise? A somewhat helpful starting point in this inquisition may be Restatement, Second, Torts § 388 (1965) which specifies:"

"Chattel Known to be Dangerous for Intended Use One who supplies directly or through a third person a chattel for another to use is subject to liability to those whom the supplier should expect to use the chattel with the consent of the other or to be endangered by its probable use, for physical harm caused by the use of the chattel in the manner for which and by a person for whose use it is supplied, if the supplier

(a) knows or has reason to know that the chattel is or is likely to be dangerous for the use for which it is supplied, and

( has no reason to believe that those for whose use the chattel is supplied will realize its dangerous condition, and

© fails to exercise reasonable care to inform them of its dangerous condition or of the facts which make it likely to be dangerous."

____________________________________________

So we have reason to believe that those who light fire to a candle know about the dangers of fire, slightly different issue than above, but do they know to not leave them unattended? Or not let them burn to the bitter end in one shot? I'm not so sure about that since many people burn candles for light at night, etc.

Edited January 4, 2011 by EricofAZ

[Judy, USMC]

Guess the example explains why some insurance companies require warning labels. And chandlers who don't label are extremely vulnerable to civil litigation.

[EricofAZ]

Judy, yes, but quite frankly, I'm not seeing very many cases where chandlers were popped for negligence. I think it is more of a fear factor than actual statistics regarding insurance payouts.

Homeowner insurance will pay the loss of the home (about 15,000 a year if I read the stats right) and probably will not sue the chandler in subrogation.

The family that suffered injury might find that few if any attorneys know how to handle a case against a chandler and get turned down.

If a person who suffered a loss had a big company like Faberge or Yankme to go after, then there are a ton of defenses....

1) There was a warning not to leave the candle unattened.

2) Warning to burn less than 4 hours, not to place near flammable objects, etc...

Then an analysis by the attorney about how the fire started and if it started because of failure to pay attention to the warning, etc.

If a candle just flat out blows up (mfgr used alcohol FO, or some homebrew napalm gel wax) then OK, there's a case. But I'm pretty certain that very few attorneys will know how to take a "gee, it was wicked too hot" case.

Still, all it takes is one to make us feel bad.

Edited January 4, 2011 by EricofAZ

[MoonshadowLane]

I am not aware of any standard for hurricanes or tarts, melts, "wickless" candles, since none of those products can be defined as candles. I have seen preprinted warning labels for them at one site but can't remember exactly where, offhand.

I LOVE that!

In absence of common sense, some people WILL substitute a different size candle than the one I include with my hurricanes, so there's always the possibility that they'll choose a size that is too large and melt the inside of the 'cane, exposing flammable materials embedded in the sides. I made my own warning labels for the hurricanes I sold using Avery LabelMaker Pro and label sheets from BrownKraftLabels. The wording was similar to "normal" warning labels. I also included more detailed usage instructions inside the 'canes. At least I can't be accused of not performing "due diligence." HTH

Thanks for the valuable advice.

I'm not a chandler. I've sold a few luminaries more or less by accident after my Mother-in-law showed the one I made for her to the owner of a local flower store and one thing led to another. I included a set of usage instructions, but this article in the local paper got me thinking that might not be sufficient.

http://www.durangoherald.com/article/20101231/NEWS01/712319943/Fire-rips-through-Durango-house

I guess common sense isn't that common.

[Stella1952]

I guess common sense isn't that common.

Yeah you right! In fact, it's downright endangered!

The article about the fire that you linked intrigued me. They left a candle burning ON THE STOVE. Stoves are usually pretty safe places to burn stuff. This suggests that the candle itself HAD to have caught fire, unless there were some extenuating circumstances, ie. a cat knocked it off; there was something flammable above the candle, etc. OR the container cracked and dumped the contents. Wonder if the stove was an old gas stove with non-electronic pilot (source of secondary ignition)? Was the candle burning directly under an old vent hood clogged with grease (fuel)? What kind of candle was it and how large (tall)? I'd love to know more details about this!

I dunno... Even though they left the candle unattended, a well-designed candle should not have caught fire, if that's what started the whole thing. Whatever the circumstances, this is a real life illustration of WHY informational warning material is necessary as well as extensive product testing BEFORE selling to customers who may not have the common sense of a gnat.

Thanks for the link!

[Wessex]

Maybe a wickless candle they put on a stove burner to use as a candle warmer....

Cheers,

Steve

[Orchid Lake]

Some very good points made by all - and society being what it is, albeit seemingly transparent & "stoopid", does it make sense to NOT add the label? :rolleyes2

[comfortscents]

Along those same lines I also had to add an umbrella to my homeowners insurance because my business is out of my home....we initially bought a $1,000,000.00 rider onto our insurance to cover potential lawsuits that a county employee might file against our county government (while the county would cover the government's butt and Jay in his position, however, if someone sued the county and Jay personally we would be required to pay out personally). It was not a bad thing for me that my insurance agent is one of my closest friends...regardless of how careful or negligent one of our customers are in this litigious climate we can and mostly will be sued if there's a fire of any kind, I added a second

$1,000,000.00 rider to our homeowner's insurance to cover my business...ea rider was additional $450.00 per million but it's a small price to pay....here's the hypothetical that convinced me to insure...let's say your organization is having a bake sale, the person who mixed the batter doesn't have enough oven space to bake everything so she asks if she can use your oven...she drops off the cupcake tins and you put them in your oven...all you do is bake them for 25 minutes...someone that buys the cupcakes gets food poisoning..not only can they sue the organization and personally sue the woman who mixed the

batter..you baked them and can be included in the suit...even though I always use warning labels hoping it will serve as a disclaimer whether your business is in your home or if you have a store space/work space not to have insurance is dangerous....

[Stella1952]

does it make sense to NOT add the label?

Exactly.

even though I always use warning labels hoping it will serve as a disclaimer whether your business is in your home or if you have a store space/work space not to have insurance is dangerous....

Very wise!

First we test exhaustively to ensure we're making the safest candle we can.

Then we use warnings and customer information (required or not!) to help them prevent fires.

Lastly, we insure our products (product liability insurance) so that if a lawsuit happens, it doesn't ruin our personal lives.

Lots of great information experiences and points of view in this thread.