The Consumer Product Safety Commission (CPSC) issued a final rule in October prohibiting the manufacture for sale, offer for sale, distribution in commerce, or importation of toys and child care products containing more than 0.1 percent of five phthalate chemicals. Phthalates make plastics soft and pliable, and are contained in many toys and other products intended for young children. The rule will take effect on April 25, 2018.

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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.
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