The Consumer Product Safety Commission (CPSC) recently published a long-awaited proposed rule that, if finalized in its current form, would permanently ban certain additional phthalates from children’s toys and child care products. 79 Fed. Reg. 78324 (Dec. 30, 2014). The proposed additional phthalate ban covers DIBP, DPENP DHEXP, and DCHP, and applies to these two categories of products, while leaving in place the CPSC’s original ban of DEHP, BBP, and DBP for the same types of items. If the proposed rule is adopted as expected, the CPSC’s interim ban of DNOP and DIDP, which applied only to child care products and mouthable toys, will also sunset, so there could be some major changes in store for those that make, source, and sell children’s and baby care products.

BACKGROUND -

Phthalates are a group of chemicals used to soften plastics and make them pliable and easier to be gripped. They are found in numerous household products, including plastic toys, tote bags for cosmetics and other uses made with vinyl or imitation leather, and some types of home furnishings that utilize the same types of PVC-based materials. Due to concerns that they can act as endocrine disruptors, as part of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Congress enacted requirements regarding phthalate levels in children’s products. Specifically, Section 108 (15 U.S.C. § 2057(c)) permanently banned three phthalates (DEHP, DBP, and BBP) in children’s toys or child care products at levels greater than 0.1% (> 1,000 parts per million). CPSIA Section 108 placed an interim ban on three additional phthalates (DINP, DIDP, and DNOP) in mouthable child care articles like teething rings until promulgation of a final rule by CPSC.