1454

Tampering with Consumer Products—Definitions

Section 1365(g) of Title 18 defines "consumer product," "labeling," "serious bodily injury," and "bodily injury." "Consumer product" is defined to include "food," "drug," "device," and "cosmetic" as such terms are respectively defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321). The term also includes any other "household product" that is consumed by individuals or used for purposes of personal care or in the performance of services rendered within the household, and that is designed to be consumed or expended in the course of such consumption or use. Thus, it covers such household products as waxes, detergents, air fresheners, toilet paper, etc., but it does not include durable products such as vacuum cleaners, brooms, brushes, or similar items since these products are not intended to be used up, though, of course, they do wear out. See H.R. Rep. No. 93 on H.R. 2174, 98th Congress, 1st Sess., at 8, reprinted in 1983 U.S. Code Cong. and Adm. News at 1263. The term "labeling" includes not only the label (see 21 U.S.C. § 321(k)) on the immediate container of the product, but any other written material accompanying the product. [cited in USAM 9-63.1100]