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CPSC Proposes Expansion of Ban On Substance Used in Children’s Toys

By Ashley M. Simpson & Jonathan Judge on January 21, 2015
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The Consumer Product Safety Commission has proposed a permanent ban on certain phthalates in children’s toys and child care articles. Phthalates, a family of chemical plasticizer, give plastic products more flexibility, transparency, durability, and longevity.  They can be found in a number of everyday products, including toys and furniture. Phthalate exposure has been associated with birth defects, asthma, male reproductive issues, and early female puberty.  The proposed ban would add  to the list of phthalates already banned by the Consumer Product Safety Improvement Act (“CPSIA”).

The CPSIA currently prohibits manufacturers from using certain phthalates in children’s products.  Under the exising rules, manufacturers are not allowed to use greater than 0.1 percent individually of the phthalates DEHP, DBP, and BBP in children’s toys and certain child care articles.  “Children’s toys” refers to consumer products intended for children 12 years and younger for recreational use. “Child care articles” are consumer products manufactured for children three years or younger and made to assist in sleeping, feeding, sucking, or teething.

The proposed rule . . .would permanently prohibit the use of DINP, DIBP, DPENP, DHEXP, and DCHP in concentrations above 0.1 percent in any children’s toy or child care article.

The proposed rule would serve as an expansion of the existing ban as it would permanently prohibit the use of DINP, DIBP, DPENP, DHEXP, and DCHP in concentrations above 0.1 percent in any children’s toy or child care article.

For now, individuals have the opportunity to comment on the CPSC’s proposal. The deadline for comments is March 16, 2015.

The proposal can be found here. For more information, check out: The CPSC’s Briefing Package On The Proposed Rule, the Public Meeting of the CPSC On The Proposed Ban, and, a Video of the Public Meeting In Which The CPSC Staff Briefs Commissioners on the Proposed Phthalate Rule.

Photo of Jonathan Judge Jonathan Judge

Jonathan Judge is a trial lawyer who believes that analytics are an important part of cutting-edge legal advice. Jonathan is frequently asked to handle challenging cases involving consumer products, particularly those involving children and/or serious or fatal injuries to others.

Read more about Jonathan JudgeEmail
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