CPSC Rule Provides Clarity for Fuel Additive Manufacturers
The Consumer Product Safety Commission (CPSC) has issued an interpretive rule formally excluding fuel additives from the Portable Fuel Container Safety Act (PFCSA), effective Oct. 19, 2026.
The rule follows a September 2025 federal court decision finding that CPSC exceeded its authority by applying flame mitigation requirements to fuel additive containers. As ILMA reported in January, the Department of Justice declined to appeal the ruling.
What This Means for Members
Greater regulatory certainty: The exclusion is now codified in CPSC regulations rather than relying solely on the court’s decision.
Purpose-based exclusion: The rule applies to additives intended solely for maintenance or performance purposes. Products designed to create heat or power, or that can substitute for fuel, remain subject to the PFCSA.
No new requirements: The rule imposes no additional obligations and has no preemptive effect.
The rule marks the culmination of more than three years of advocacy by ILMA and its coalition partners, including petitions to delay enforcement, engagement with CPSC leadership and Congress and a coalition letter urging the government not to appeal.
The Court Ruling
In September 2025, the U.S. District Court for the District of Minnesota ruled in favor of fuel additive manufacturer Sea Foam/Auto-Mark, finding that the PFCSA’s reference to “flammable liquid fuels” does not include products intended to clean or maintain fuel systems rather than create heat or power.
The court based its decision on the statutory meaning of “fuel,” concluding that the additives at issue fall outside the law.
CPSC's Interpretation
CPSC has now aligned its regulations with the court’s decision. Under the new 16 C.F.R. § 1461.2(b), “flammable liquid fuels” exclude additives intended solely to improve engine performance, clean components, extend engine life, stabilize fuel, prevent weather-related effects or serve other purposes unrelated to creating heat or power.
The rule reverses CPSC’s 2023 interpretation, which classified certain liquids with flash points below 140 degrees Fahrenheit as fuels if used in a mixture to support combustion. That interpretation relied on Chevron deference, which the Supreme Court overturned in Loper Bright Enterprises v. Raimondo (2024).
CPSC estimates the clarification will eliminate approximately $545.7 million in annual compliance costs.
