CPSC Approves Final Phthalates Rule

October 20, 2017 | The Consumer Product Safety Commission (CPSC) voted 3-2 along party lines on October 18 to approve a final rule expanding phthalate restrictions applicable to children’s toys and child care articles sold in the United States.

As previously reported, the final rule: 1) restates the Consumer Product Safety Improvement Act’s permanent prohibition of DEHP, DBP, and BBP in concentrations greater than 0.1 percent; 2) makes permanent the interim prohibition of DINP in concentrations greater than 0.1 percent and expands that restriction to prohibit it in all children’s toys (not just those that can be placed in a child’s mouth); 3) lifts the interim bans on DnOP and DIDP; and 4) prohibits DIBP, DPENP, DHEXP, and DCHP in concentrations greater than 0.1 percent.

The prohibitions in the final rule apply to accessible plasticized component parts or other accessible product component parts that are made of materials that may contain phthalates. The Toy Association believes that the toy industry has generally moved away from using any of the phthalates outlined in the final rule; however, toy companies will still have to certify that their products are compliant with the expanded rule.

The rule will become effective 180 days following its publication in the Federal Register. Members’ questions on this topic may be directed to Autumn Moore, manager of standards and regulatory affairs at The Toy Association.