All art materials manufactured, imported, and sold in the United States are subject to the requirements of the Labeling of Hazardous Art Materials Act (LHAMA) (15 U.S.C. 1277) with the purpose of protecting consumers, especially children, from exposure to toxic substances that can cause long-term health effects. These requirements state that these materials undergo a toxicological assessment to identify their potential for adverse chronic health effects and the appropriate hazard labeling. Acute hazards also are identified and properly labeled as required by Consumer Product Safety Commission (CPSC) and the Federal Hazardous Substances Act (FHSA).
It is of note that the LHAMA standard follows and incorporates portions of other federal regulations including the Federal Hazardous Substances Act (FHSA; P.L. 86-613), 16 CFR Part 1500 – Hazardous Substances and Articles and ASTM D-4236-94. (2011 Updated).
What is a LHAMA assessment?
LHAMA, enacted in 1988 and enforced by the US Consumer Product Safety Commission (CPSC) in collaboration with the American Society for Testing and Materials (ASTM), requires art materials to be evaluated for chronic health hazards and labeled accordingly. The regulation requires proper labeling of these products so that consumers may be informed of any potential hazards along with guidance on their safe usage.
An assessment of art materials under LHAMA requires submission of the complete art material formulation for hazard review. These materials, such as paints, crayons, markers, glues, and solvents, can contain chemicals that can be hazardous if inhaled, ingested, or absorbed through the skin. Following this review, the product, its container, or its accompanying documents may contain a conformance statement with ASTM D-4236. Additionally, if the product is intended for children of 12 years of age or younger, then the importer or manufacturer should observe other requirements as explained in subsequent sections below.
LHAMA Requirements
The LHAMA regulation established several specific requirements for the evaluation, labeling, and sale of art materials including:
Toxicological Risk Assessment
Manufacturers of art materials are required to evaluate their products for chronic health hazards. This evaluation, based on scientific evidence and toxicological data, must be conducted by a qualified Board-certified toxicologist as described in the ASTM D-4236 standard. The toxicologist determines whether the art materials formulations have the potential to cause chronic, long-term health hazards based on the literature and or experimental data. If any hazards are identified, the toxicologist undertakes an exposure assessment based on the expected use.
The CPSC provides a list of toxicologists on their website that meets the CPSC criteria. (Toxicologists Reviewing Art Materials | CPSC.gov)
Compliance with ASTM D-4236 Standard
The toxicological evaluation is governed by the requirements in the ASTM D-4236 standard. The standard provides guidelines for conducting the toxicological evaluation and procedures on determining the appropriate hazard labeling. Art material products that meet the ASTM D-4236 standard requirements and has no chronic hazards, a conformance statement to indicate the product’s compliance should be affixed on the product package such as below:
- “Conforms to ASTM Practice D-4236.”
- “Conforms to ASTM D-4236.”
- “Conforms to the health requirements of ASTM D-4236.”
Labeling Requirements for Identified Hazards
If a chronic health hazard is identified during the toxicological evaluation and it remains a potential risk after the exposure assessment, the art material must be labeled with specific hazard information on the label. This information must include:
- Warning Statements
- Precautionary Measures
- First Aid Instructions
- Contact Information
- Age appropriateness (if needed)
- If the review indicates that the art material products are not suitable for children based on their composition, labeling is required to indicating the appropriate age range (i.e., “Not for children under 12 years of age”).
Documentation Requirements
Information that is required for submission to the CPSC includes:
- A list of products that require hazard warning labels
- A document that describes how you determine if your art material might produce chronic adverse health effects
The full toxicological evaluations and labeling decisions for the art materials must be maintained by the manufacturers for a specified period and made available to regulatory authorities upon request. This documentation demonstrates compliance with LHAMA and provides evidence of safety evaluations.
Why is it important to be compliant with LHAMA?
Compliance with the LHAMA requirements for evaluation and proper labeling is mandatory for the sale of art materials in the US. These requirements apply to all manufacturers, importers, and retailers and non-compliance can result in regulatory action, product recalls, fines, and legal liability, thereby limiting or preventing market access.
In addition, compliance with LHAMA assures that the art material products have been evaluated for safety and contain the proper labeling. This evaluation occurs on a continuous basis which, not only increases the quality of the product but also helps to increase brand loyalty for consumers and to have a positive reputation in the market.
There may be severe consequences if your company is not compliant with the LHAMA regulations and found to be selling non-compliant art materials including:
- CPSC may visit the company to review the art material documentation to determine if there is a violation of federal law. A violation may result in civil and/or criminal penalties.
- The art material product may be reported and listed on the CPSC consumer database (www.SaferProducts.gov). This listing may result in a recall of the product along with an increased likelihood of consumer civil lawsuits.
How H2 Compliance can help with your LHAMA requirements
- Evaluate the ingredients in your formulation for potential toxic hazards
- Conduct exposure assessment if needed for ingredients indicated by hazard determination and expected use
- Determine if labeling of the product is required and provide appropriate labeling phrases as per the LHAMA and CPSC guidelines
- Provide summary page required for submission to CPSC
Published November 18th, 2025
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