Are you wondering about the legal requirements involved in selling wax melts? If YES, here are 10 legal requirements to consider.
Note that one of the easiest ways to start your small home fragrance business is wax melts! Wax melts are scented pieces of wax without a wick. They come in different shapes and sizes. A wax melt can give off a slight scent when cold; but, they are made to be slowly warmed using a tart or wax warmer.
This wax warmer can be electric while some use a tea light as the heating source. Have in mind there are many ways to start up your business and it more or less depends on what route you intend to take and where you want your business to go in the future.
There are social platforms to sell your products these days, and you can also choose to set up an e-commerce website. Although wax melts are pieces of decoration in their own right, you should always remember that these lovely works of art are also potential health and safety hazards.
If you intend to make and sell wax melts in the United States, you will have to understand the legal requirements for selling candles and candle-related accessories, which include industry standards and safety regulations.
The National Candle Association (NCA) and the U.S. Consumer Product Safety Commission (CPSC) are renowned as a very vital part of the establishment of candle industry standards. According to experts, these standards are designed to help counter the increase in the number of fires due to candles and candle-related accessories.
Also, note that these standards furnish candle manufacturers with fire performance requirements for candles and all candle accessories. For instance, you are mandated to use a fire safety warning label on each wax melt you sell. Have it in mind that this labeling cannot be hidden in any way.
Indeed, just like any other business, there are basic legal requirements for selling wax melts. From insurance to labeling, there are a few areas that you need to make sure you are covered.
Legal Requirements for Selling Wax Melts
Your Company Name, Logo And Contact Information
It is important to know that the name and location of your business are U.S. candle label requirements, according to the Fair Packaging and Labelling guidelines. Owing to that, ensure you include them somewhere on the label. In addition, having your company name and logo front and center is very vital to your wax melts marketing strategy.
This is how potential customers will know to associate your product with your business. It’s also a means to develop brand recognition, affinity, and trust with your clients.
Naming Your Products Or Business
Indeed, it makes it very easier to market and sell your wax melts with names similar to those owned by bigger companies. However, note that the company owning the copyright might sue you or send a ‘cease and desist notice to stop the sale of copy-cat candles, even in the case of an inadvertent breach of copyright.
Have it in mind that the burden is on the candle manufacturer as well as the seller to ensure that the copyright and trademarks of other companies are not infringed upon.
Statement of Identity
Yes, this might seem clear, but make sure your wax melts label notes what the product is. Is it a wax melt or a candle? Always remember there is a huge difference between the two even though oftentimes they are made from similar ingredients and scents. Endeavor to announce what your product is on the label.
Emissions and Testing
In the United States, the candle and candle accessories emissions are expected to be tested by following the standards testing and evaluation. Note that one of the aims of the testing is to reduce visible smoke emissions. Also, note that industry-standard offers extensive guidelines for candle performance and the procedures for the test.
You are also expected to include the net quantity of the contents of your wax melt in both ounces and grams. It should be the wax weight of your wax melts and NOT the weight of the entire finished product with the container. In the United States, the best way to obtain this number is to weigh your finished melts and subtract the weight of your container.
Note that glass containers used for wax melts have a standard for transparent or non-transparent soda-lime-silicate glass. In the United States, candle and wax melt manufacturers using glass containers are expected to meet the standards for specified annealing and thermal shock of the glass.
Fire Safety Warnings
Since everything concerning candles is considered a fire hazard, you are expected to include some fire safety warnings on the labels. Have it in mind there are well-detailed graphics from the National Candle Association website to go with each warning, which include:
- Burn within sight
- Keep away from flammables
- Keep away from children and pets
Type Of Wax Used
It is indeed a good idea to include the type of wax used in your wax melt label because a good number of people care about the ingredients in the products they buy.
Wax melts burn and evaporates into the air we breathe, and people have a right to know what precisely they are burning. While they may be able to open the lid and take a whiff themselves, don’t leave them guessing. Spell it out prominently on the label.
Note that ensuring your company has adequate insurance remains the best and most recommended way to protect yourself against any unforeseen circumstances.
Have it in mind that even with the correct labeling on your product, the consumer might still take you to court and leave you with exorbitant legal bills. A good number of insurance companies will offer ‘Craft Insurance’, which covers your business. Endeavor to shop around to find the best cover at the best price.
A good number of candle and candle accessories makers do business online. However, there are vital aspects you have to consider when selling through a website.
Note that it is important for sites to have a terms and conditions page that explicitly states applicable law (detailing what the governing US state is), any trademark or copyright limitations, whether prices are subject to change, and a disclaimer of warranties and liabilities.
The laws surrounding the selling of candles and wax melts in the United States can be complex and in-depth, but as a wax melt maker, they are not just for your customers’ protection but also for your protection. If you are unsure about U.S. candle-related requirements and have further questions, talk to your label designer. These experts have years of experience creating compliant candle labels and know what to include.