The U.S. Consumer Product Safety Commission (CPSC) will begin enforcing its safety standard for pre-filled portable fuel additive containers on July 12. The new standard requires all classes of portable fuel containers sold in the U.S. to be equipped with flame mitigation devices. ILMA members that sell automotive-related products with flash points below 140 degrees Fahrenheit in pre-filled containers may be affected by the rule.

Since the final rule went into effect in 2023, the CPSC has taken delayed enforcement of its safety standard for portable fuel containers several times. On July 3, 2024, the CPSC’s Office of Compliance and Field Operations announced that it would postpone enforcement until July 12, 2025, citing ongoing design challenges and safety concerns:

“Progress has not been as great for developing compliant PFCs containing fuel additives. In particular, many fuel additive containers are designed for specific uses, and stakeholders inform us that new flame mitigation device designs have substantially decreased flow rate from such specialty containers. In some circumstances, reduced flow rates may expose consumers to unsafe conditions in harsh weather or cause consumers to bypass the product packaging altogether, creating fire and burn hazards.”

Meanwhile, Representative Chip Roy (TX-21) is leading an effort to repeal the Portable Fuel Container Safety Act of 2020, which required the CPSC to set flame mitigation standards through regulation. The introduced Gas Can Freedom Act of 2025, now before the House Committee on Energy and Commerce, would prohibit any regulation requiring flame mitigation devices in portable fuel containers. If enacted, the CPSC would be mandated to withdraw its regulations. However, as the market continues to adjust to the rule’s design requirements, the legislation would provide limited short-term relief.  

“As the enforcement pause nears its end for pre-filled portable fuel additive containers, impacted ILMA members should verify their inventory and coordinate closely with suppliers to ensure all containers comply with CPSC’s flame mitigation requirements,” said Jorge Roman, ILMA Regulatory Counsel.