Here is an update on the CPSIA requirements on Phthalates in children's toys. Watch out for that rubber ducky! While this is good, who's measuring?
The new Consumer Product Safety Improvement Act's (CPSIA) requirements
for phthalates in children's toys went into effect of February 10th.
The act limits the amount of phthalates—materials used to make plastics
more durable and softer—to less than 1/10 of 1 percent and could have a
significant impact on some industry products. The Consumer Product
Safety Commission (CPSC) released a draft report seeking input on
exactly what items should be included. Quoting from the report:
“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 percent of
specified phthalates.”
While the new guidelines set
hard-and-fast limits at 0.1 percent of phthalates can exist, the
commission is encountering questions as to what does and what does not
qualify as a toy under the act. Again, from the report:
“Section
108 of the CPSIA defines a children’s toy as a consumer product
designed or intended by the manufacturer for a child 12 years of age or
younger for use by the child when the child plays. Any determination as
to whether a particular product is designed or intended for use by a
child 12 years of age or younger during play will be made after
consideration of the following factors.”
These factors include
conditions such as intent of product, product packaging and general
perception of the product in question. An example for the promotional
products industry would be whether or not a small rubber ball handed
out as a promotion should fall under the toy category.
The
report goes on to discuss other items that may come into contact with a
child, including those that can be placed and kept in a child's mouth
for an extended period of time or are intended for child-care purposes
such as suckling and feeding. It questions such items as crib rails,
crib sheets, decorative swimming googles, water wings, shampoo bottles
in animal shapes and play sand. Many of these items could fall into the
realm of promotional products.
The commission is calling on
manufacturers to comment on its initial report and help it determine
what other items may fall under this act—items that don't fit the
traditional toy category, but should still be covered by its
provisions.
“The guidance is intended to help manufacturers,
importers, retailers and consumers determine what products are covered
by the phthalate limits.”
Though some parts of the guidelines
are still in limbo, the good news is the commission intends to enforce
its guidelines in some of the most high-risk areas to children.
“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.”
To read the full report click here or visit www.cpsc.gov for more information.
