Interpretation ID: label_color1307

Lori J. Crouzillat, Safety Advisor
E-Z-On Products, Inc., of Florida
605 Commerce Way West
Jupiter, FL 33458

Dear Ms. Crouzillat:

This responds to your letter asking about the labeling requirements of Federal Motor Vehicle Safety Standard (FMVSS) No.213, Child restraint systems, that the National Highway Traffic Safety Administration adopted in an October 1, 2002, final rule (67 FR 61523; corrected 69 FR 11337). The rulemaking sought to provide for clearer and simpler child restraint system (CRS) labels.

To inform users about the consequences of not following CRS instructions, the October 2002 rule required, among other matters, that a CRS be affixed with a label that has an alert symbol and a heading, "WARNING! DEATH or SERIOUS INJURY can occur," followed by bulleted statements regarding proper use (S5.5.2(g)).The agency required one portion of the heading (an alert symbol and the exclamation "WARNING!") to be in black text on a yellow background, as specified in S5.5.2(k)(3)(i) ^[1] for the air bag warning label required for rear-facing child restraints.

Yellow Background

You first ask whether the phrase "DEATH or SERIOUS INJURY can occur" must be on a yellow background. The answer is no. In the preamble to the October 2002 final rule, the agency recognized the similarity between the new heading required for CRS warning labels and that of the air bag warning label. So that manufacturers may take advantage of this similarity when designing or producing labels, S5.5.2(g)(2) of FMVSS No. 213 specifies that the phrase "DEATH or SERIOUS INJURY can occur" may be printed on either a yellow or a white background, at the manufacturers option. Accordingly, the warning label required by S5.5.2 must have either: (a) the alert symbol and the entire statement, "WARNING! DEATH or SERIOUS INJURY can occur," on a yellow background with black text; or (b) the alert symbol and the word "WARNING!" on a yellow background with black text, and the phrase "DEATH or SERIOUS INJURY can occur" on a white background with black text.

Separate Labels

You next ask if the warning label heading and bulleted points are required to be on a single label or if a portion of the heading could be on a separate label placed directly above the remaining label components. Our answer is the warning label heading may be on a separate label, provided certain requirements are met.

The agency explained in the preamble to the October 2002 final rule that separate label components are permissible so long as the separate components are attached to the CRS in the correct order with no intervening labels. 67 FR at 61526, col. 2. ^[2]As such, your company is permitted to have a label component printed with the alert symbol and the exclamation "WARNING" placed directly above a second label component printed with the phrase "DEATH or SERIOUS injury can occur," followed by the applicable bulleted statements. The separate label components must meet the provisions of S5.5.2(g)(3).

I hope this information is helpful. If you have any further questions, please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:213
d.3/31/04