Consumer Product Safety Commission Issues Final Rule on Phthalates in Toys

The Consumer Product Safety Commission issued its final rule today regarding phthalates in inaccessible component parts in children’s toys and child care articles.  The Consumer Product Safety Improvement Act of 2008 (CPSIA) permanently prohibits the sale of any “children's toy or child care article” containing more than 0.1 percent of three specified phthalate chemicals: DEHP, DBP, and BBP.   The CPSIA also prohibits, on an interim basis, “toys that can be placed in a child's mouth” or “child care article” containing more than 0.1 percent of three additional phthalates: DINP, DIDP, and DnOP.

The final guidance is that phthalates may be included in children’s toys and child care products so long as they are in inaccessible components.  Components are inaccessible if they are not physically exposed or will not become exposed through reasonably foreseeable use and abuse of the product, such as by swallowing, mouthing, breaking, and aging.  Fabric coverings are considered to be an acceptable barrier unless the component is smaller than 5 centimeters (because it can then be placed in the child’s mouth, and fabric is no longer a barrier once it is wet), and unless the product is a mattress or other sleep surface.  Paints, coatings, and electroplating are not considered to be barriers.

For more than 20 years, The Chanler Group has successfully represented citizen enforcers acting in the public interest to enforce the right to be informed of the presence of chemicals, such as phthalates, contained in consumer products offered for sale without a health hazard warning.  Settlements obtained by TCG clients regarding consumer products have resulted in millions of dollars in civil penalties being paid to the State of California.