Starting on February 10, 2009, certain children's toys and child care articles can no longer be sold, offered for sale, manufactured or imported for sale in the United States if they contain more than 0.1% of specified phthalates. The U.S. District Court for the Southern District of New York ruled last week that this prohibition applies regardless of when the covered products were made.
U.S. Consumer Product Safety Commission (CPSC) staff has previously addressed a number of questions concerning applicability of phthalate limits. CPSC today is issuing more guidance in draft form (pdf) for public comment. The guidance is intended to help manufacturers, importers, retailers and consumers determine what products are covered by the phthalate limits.
Until the draft guidance is finalized, CPSC intends, given its limited resources, to focus its enforcement efforts on the products most likely to pose a risk of phthalate exposure to children. Specifically, CPSC will focus its enforcement efforts on bath toys and other small, plastic toys (especially those made of polyvinyl chloride) that are intended for young children and can be put in the mouth.
In addition, CPSC staff will sample teethers, rattles and pacifiers to confirm that manufacturers continue their practice of not using prohibited phthalates.
About the U.S. CPSC
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury or death associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. CPSC's work to ensure the safety of consumer products has contributed to a decline in the rate of injuries associated with consumer products over the past 50 years.
Federal law prohibits any person from selling products subject to a Commission ordered recall or a voluntary recall undertaken in consultation with the CPSC.
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