# CPSC OGC Advisory Opinion No. 12: CPSC OGC Advisory Opinion No. 12

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/CPSC_AO_12

## Section

- **Citation:** CPSC OGC Advisory Opinion No. 12
- **Heading:** CPSC OGC Advisory Opinion No. 12
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CPSC Office of General Counsel Advisory Opinions / CPSC OGC Advisory Opinion No. 12

## Text

,,. .
,,,
Jlonorabla Sara J. Ervin,
Jr.
United States
Senate
Washington,·
D. c.
2051.0
Dear Senator
Brvin:
Th4 Congressional.
Liai.eoa Office
of tha .D<!parb:\ent ot Heal.th,
Education,
and Welfare has directed
your June 18 referral.
of
~1rs. Ui.llio
Ed~ondaon's letter
to thi.s agency for conuiderntion.
Hrs. Edt:l.Ondson is concerned
that
such che::dcala
as fot:t:1.1ldchyde,
dialdrin,
aldrin~
.:i.~d llnd.ino
ara being used to treat
penianent
press
clothing.·
We have no in.torc.:ition
on dieldrin,
aldrio,
and l.indane in
peX'l:l.anent press
fabrics
or clothing.
Sinc0
these
cheaicals
are
pestici.des
as defined
by tha Federal
Ins~cticido,
Fun6icide
and
Rodenticidc
Act,
they are not subject
to the jurisdiction
ot the
Cousutler ~roduct
Safety
Coc::::rl.ssion. We are thcrcforo
forwardi~
a copy of your correspondence
to the E.lvironmen'tal.
?roteccion
Ag~ncy fo~ their
con.sideratio~.
Formnl.dchydct
howevor, is subject
co t~Q Fcdera1 Ea.zardoua Subatances
Act, which ia ed~iniatcred
by thc3 CoO!:lisaion. · Under th:? provisiono
of t:hie· .. Act~ household
substances
cont:.aining l percent
or t!Ora of fort:laldch.ydc h.ava been
found to have significant
potential
for causing
hypersen3itivity
and are thus designated
OS atroug
sensitizers.
! \
An e;(.cess of formaldehyde
is so::iati.mes used \in the polyt3cri-
zation
of resins
in perrument
press
fabrics
or
r::.;J.y ba liberated
froa
&1 incomplete
polj'J;lcrization
procees.
llot.1ev,'er. ~uch f.1brics
do not contain
l perc:e.nt or more of foru:.:ild~hyde. \ • Ho::,t caoes
of
skin
rash
~ppcar
to be dua to t.he u~usu~l
sensiti,irl-tY
of a fuw
individuals
to this
cbcltlca.1 nnd to the aliiht
c.,cess
or incocpleta
polymerizat.ion
dc.scrJ.bed
above.
One or wo 'li.'~sh11~gs _usually
l:'<?.:lOVG
tho sourco of irritat:ion
since
forcaldchyJe
is uat~_er soluble.
.
,
p
-~
..
do not contain
l perc:e.nt or more of foru:.:ild~hyde. \ • Ho::,t caoes
of
skin
rash
~ppcar
to be dua to t.he u~usu~l
sensiti,irl-tY
of a fuw
individuals
to this
cbcltlca.1 nnd to the aliiht
c.,cess
or incocpleta
polymerizat.ion
dc.scrJ.bed
above.
One or wo 'li.'~sh11~gs _usually
l:'<?.:lOVG
tho sourco of irritat:ion
since
forcaldchyJe
is uat~_er soluble.
.
,
p
-~
..
.
I
I\
W'a hav~ previously
con.aidercd
thC! status
of p·ermanent
press
I
'
clothing
und~r tho .Act Ao~ have concluded
that
is oot in the
Strong
SCilBit.izc.r
C.ltegory.
In reaclrl.ng th.ia CO.JCl.usiOUt it Wll.S
.
I
.
i
\
I i
\
I
)
Honorable Sam J. Ervin, Jr.
United States Senate
Washington, D.C.
20510
Dear Senator Ervin:
(
/973'
Tha Congressional Liaison Office of tha Department of Health,
Education, and Welfare has directed your June 18 referral of
Mrs. Uillio Ednondson's letter to this agency for consideration.
Hrs. Edmondson is concerned that such chemicals as formaldehyde,
dialdrin, aldrin, and lindano are being used to treat permanent
press clothing.
We have no information on dieldrin, aldrin, and lindane in
permanent press fabrics or clothing.
Since these chemicals are
pesticides as defined by tha Federal Insecticida, Fungicide and
Rodenticide Act, they are not subject to the jurisdiction of the
Consumer Product Safety Commission.
We ara therefore forwarding
a copy of your correspondence to the Eaviromantal Protection
Agency for their consideration.
Formaldehyde, howevar, is subject
to ta Federal Hazardous Substances Act, which is administered
by the Cormission.
Under the provisions of this Act, household
substances containing I percent or ore of formaldehyde hava been
found to have significant potential for causing hypersensitivity
and are thus designated as strong sensitizers.
An excess of formaldehyde is sometimes used in the polymeri­
zation of resins in permanent press fabrics or ray be liberated
from an incomplete polymerization process
ssion.
Under the provisions of this Act, household
substances containing I percent or ore of formaldehyde hava been
found to have significant potential for causing hypersensitivity
and are thus designated as strong sensitizers.
An excess of formaldehyde is sometimes used in the polymeri­
zation of resins in permanent press fabrics or ray be liberated
from an incomplete polymerization process.
However, such fabrics
do not contain 1 percent or more of formaldehyde.] Most cases of
skin rash appear to be due to the unusual sensitiyity of a few
individuals to this chemical and to tha slight excess or incompleta
polymerization described above.
One or tvo washings usually remova
tha source of irritation since formaldehyde is val'er soluble,
,
Բ Գ
Դ
Ե i
ԶԷ
We have previously coaaidered the status of permanent press
·I
Ը
clothing under tha Act and have concluded that is not in the
strong sensitizer category.
In reaching this conclusion, it vas
I
Թ
J
Ժ
i

I I
I

•
acknowledged that·aome portion
of the population
ia aenait.ive
in
one vay or another to almost every article
that
entera the household,
ine.lwling
foods and household soaps.
Congress, in enacting
the
:Paderal Uazardous Sub11tancea Act, did uot intend.that
precautiona-ry
labeling
would be required
on all such products
(Senate lleport
ll58,
86 Cougreaa 2nd Session,
p. U).
A strong s~1.tiser
must baa
substance which aftecta
a significant
portion ot tha population
and
vbich may cause a strong
or severe
reaction.'
Thia is not the cue
vi.th permanent press cl•>thing.
We hopo these
comments are helpful.
If you have any further
questions,
please let
w, knov.
Sincerely
yours,
.........
' '- Richard
O. S1:npsou
Chairman
cci
EnvirollI!lental Protection
Agency
Pesticides
Regulation
Division
South Agricultural
Building
Washington, D. C.
20250
bee:
R. o.
s. M.
J. w.
E. R.
R. G.
M. A
.'
Thia is not the cue
vi.th permanent press cl•>thing.
We hopo these
comments are helpful.
If you have any further
questions,
please let
w, knov.
Sincerely
yours,
.........
' '- Richard
O. S1:npsou
Chairman
cci
EnvirollI!lental Protection
Agency
Pesticides
Regulation
Division
South Agricultural
Building
Washington, D. C.
20250
bee:
R. o.
s. M.
J. w.
E. R.
R. G.
M. A.
Prepared
by:
Revised by:
Revised
by:
Simpson
Hart
('vl/cy inc.)
Locke (w/cy inc.)
Finch
Poth
Brown
RGPoth:cvi
7/5/73
JWLocke
7 /5/73
MABrown/PWHallman:mli:7/23/73
-2-
acknowledged that some portion of the population is sensitive in
one way or another to almost evary article that enters the household,
including foods and household soaps.
Congress, in enacting the
Federal Hazardous Substances Act, did not intend that precautionary
labeling would be required on all such products (Senate Report 1158,
86 Congress 2nd Session, P. l1). A strong sensitizer must be a
substance which affects a significant portion of tha population and
which may cause a strong or severe reaction.' This is not the case
with permanent press clothing.
Wa hope these comments are helpful.
If you have any further
questions, please let us know.
Sincerely yours,
-Richard 0. Simpson
Chairman
cc: Environmental Protection Agency
Pesticides Regulation Division
South Agricultural Building
Washington, D. C.
20250
bcc:
R. o.
s. M.
J. W.
E. R.
R. G.
M. A.
Prepared by:
Revised by:
Revised by:
Simpson
Hart (w/cy inc.)
Locke (w/cy inc.)
Finch
Poth
Brown
RGPoth:cvi 7/5/73
JWLocke 7/5/73
MABrown/PWHallman:mli:7/23/73

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CPSC_AO_12. Check the current official text before relying on it. Not legal advice.