NEWS from CPSC

U.S. Consumer Product Safety Commission

CPSC And Chattem Inc. Settle Child-Resistant Packaging Case

WASHINGTON, D.C. The U.S. Consumer Product Safety Commission (CPSC) and Chattem Inc. (Chattem) announced today that they have reached a settlement regarding Chattem's packaging of one of its over-the-counter drugs known as "Pamprin." The settlement resolves a disagreement between Chattem and CPSC concerning whether Pamprin has been offered in child-resistant "popular size packages" within the meaning of the Poison Prevention Packaging Act (PPPA).

Under the terms of the agreement, Chattem will convert all of its 24-count and 16-count Pamprin products, which are currently marketed in packaging that is not child-resistant, to packaging that is child-resistant. The conversion process will be completed by July 1995. The agreement also preserves Chattem's right under the PPPA to offer to the public a single size of each Pamprin product in packaging that is not child-resistant.

Pamprin products are marketed to relieve symptoms associated with menstruation, typically experienced by women of child-bearing age. Because the products contain more than one gram of acetaminophen per package, CPSC regulations require child-resistant packaging for the popular size packages of this medication. The PPPA also permits manufacturers to supply one size of each regulated product in regular (non-child-resistant) packaging for consumers who are unable to use the child-resistant versions.

Chattem produced 12 and 48-count sizes of Maximum Strength Pamprin Tablets, a 48-count size of Maximum Strength Pamprin Caplets, and a 32-count size of Pamprin Pain Relief Caplets in child-resistant packaging. However, because each of these sizes constituted substantially less than a majority of the total annual sales of each respective Pamprin product, CPSC contended that they did not qualify as "popular size packages" as required by the PPPA. CPSC initiated administrative proceedings to require Chattem to alter its packaging practices. Chattem denied that its practices violated the PPPA, but after Judge Daniel J. Davidson issued a ruling agreeing with the CPSC's interpretation of the statutory term "popular size packages," Chattem and CPSC entered into a settlement that resolves all of the allegations in the CPSC complaint.

The U.S. Consumer Product Safety Commission protects the public from the unreasonable risk of injury or death from 15,000 types of consumer products under the agency's jurisdiction. To report a dangerous product or a product-related injury and for information on CPSC's fax-on-demand service, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. To order a press release through fax-on-demand, call (301) 504-0051 from the handset of your fax machine and enter the release number. Consumers can report product hazards to info@cpsc.gov.