CPSC Report May Lead to Further Reductions in Unnecessary Phthalate Testing

October 17, 2016 | A new report commissioned by the U.S. Consumer Product Safety Commission (CPSC) examined 11 different plastics for the presence of 10 specified phthalates, including six phthalates currently regulated in the U.S. The research was completed in support of the CPSC’s mandate to reduce third-party testing costs for toy and children’s product manufacturers.

The report, titled “Exposure Assessment: Potential for the Presence of Phthalates in Specified Materials at Concentrations Above 0.1 Percent,” presents the findings of research conducted by the Toxicology Excellence for Risk Assessment Center at the University of Cincinnati (TERA Center), under a contract with the CPSC. It is anticipated that the agency will use the report to add to the list of plastics that would not require phthalate testing, in addition to the four plastics proposed in August.

The TERA Center looked at 11 different plastics to see whether they contained any of the 10 phthalates (DEHP, DBP, BBP, DINP, DIDP, DnOP, DIBP, DPENP, DHEP, and DCHP) at concentrations greater than 0.1%. The first six listed of these phthalates are currently regulated in children’s toys and child care articles, while the others are under consideration for potential CPSC action, based on the recommendations of a CPSIA-mandated Chronic Hazards Advisory Panel. However, not all are typically found in toys or children’s products.

The researchers found that nine of the studied plastics, which included acrylic resins, polycarbonate, polystyrene, and silicone rubber, would not contain the specified phthalates at levels greater than 0.1%. CPSC has said that the staff will consider these results in evaluating whether to make a determination that one or more of the plastics do not require third-party testing to assure compliance with the Consumer Product Safety Improvement Act. It should be noted that a similar study conducted by the TERA Center last fall resulted in the CPSC’s recent draft rule exempting four plastics from phthalates testing.

“The Toy Industry Association (TIA) and its members have led the effort for several years to provide comments, data and testimony to help the CPSC make decisions to exempt certain materials from  unnecessary third-party testing for toy and children’s product manufacturers,” stated Steve Pasierb, TIA president & CEO. “We appreciate the agency’s continued commitment to reduce unnecessary testing and are committed to our shared goal of ensuring that toys and games remain safe and enjoyable for children across the nation and around the world.”

The report has been posted to the CPSC’s website “to keep stakeholders informed of progress of technical research related to the agency’s regulatory activities,” according to the CPSC. TIA will keep members apprised of developments on this matter.