CPSC Sets Date for Phthalate Testing Requirement

Does your child’s huggable, cuddly soft plastic baby doll contain a hidden hazard? According to many consumer product safety advocates, Congress, and the nation’s top consumer safety authority, the U.S. Consumer Product Safety Commission (CPSC), it may.  For years concerns have been brought up as to the possible health risks associated with prolonged exposure to “phthalates.”

Phthalates are chemicals used during the manufacturing process to add flexibility to some kinds of plastics.  There is some evidence that the most commonly used phthalates may have a long-term use health hazard for children. While there has been much controversy regarding the validity of the risk analysis and the science behind this concern, in 1999 the European Union (EU) placed a temporary ban on DEHP, DBP, BBP, DINP, DIDP and DNOP in children’s products.  In July 2005, the EU made that ban permanent and became the first safety organization to ban phthalates in toys and mouthable toys.  Since that time, many U.S. states have jumped on the bandwagon and banned the use of phthalates in children’s tableware, bottles and mouthable toys.

Three years ago, Congress passed the Consumer Product Safety Act of 2008 (CPSIA) which, among many other restrictions, included a new federal restriction on the use of phthalates.  Using the available research, the limit set by the CPSIA was 0.1 percent.  A product that was found to have more than 0.1% of any one of these six phthalates would be considered to be in violation of the law.

In February 2009, it became unlawful in the United States to manufacture, import or sell certain children’s toys and childcare articles that contain six specific phthalates. CPSIA also mandated that manufacturers have the products tested at a third party testing lab to demonstrate compliance to this new regulation.  Due to the complex testing method, lack of available testing labs, and the time required to re-design manufacturing processes to accommodate for the removal of these phthalates, a stay of enforcement has been in place on the testing requirement portion of the new law.

Last week the CPSC voted unanimously to extend the stay until December 31, 2011.  The vote means that children’s products and childcare articles manufactured on or after that date will be required to have third-party testing documentation showing compliance.  For domestically produced items, the paperwork must be in place prior to placing the product on the market.  For imported items, this testing paperwork must be in place prior to importation of the product into the United States. Manufactures that are found to be in violation of this new federal law could be subject to fines.

To narrow the scope of the testing, CPSC has agreed that only those parts of the product that could potentially contain phthalates (plastics), and only those parts that are accessible to the child are subject to testing.  Manufacturers are encouraged to follow the guidance document published by CPSC in 2009 to determine which materials are subject to this testing.  

Of interest is that the State of California’s Proposition 65 also has a restriction of another phthalate, DnHP, in children’s products that can be mouthed. Many manufacturers are working to eliminate all seven of these phthalates in their soft plastic toys and childcare articles.  

One comment on this restriction:  When manufactures are restricted from using one material, they are often forced to use new materials that could have the same or potentially worse long-term harm.  Since phthalates had been used for decades prior to this concern being raised, it is possible that the substitute chemicals used may one-day undergo the same scrutiny that these seven phthalates have gone through.