U.S. Court of Appeals Holds Hearing on Oregon Chemical Reporting Legislation

March 14, 2024 | Attorneys for The Safe to Play Coalition, of which The Toy Association™ is a member, completed oral arguments today in the U.S. Court of Appeals for the Ninth Circuit regarding a judge's ruling on Oregon's Toxic-Free Kids Act (TFKA).

The TFKA aims to phase out a list of chemicals from children's products sold in Oregon; however, the provisions are onerous and do not actually increase children’s safety. The Safe to Play Coalition believes that the expensive process that the state has developed is more burdensome than federal law allows and filed suit in federal court against Oregon in December 2021. The Oregon judge ruled that Oregon’s TFKA is not in conflict with federal law, leading the coalition to file an appeal in federal court in March 2023. Additional background information on the ongoing litigation progress is available here.

The court is anticipated to take between three to 12 months to issue a ruling on the matter. The Toy Association will continue to keep the industry apprised of new developments.

The Safe to Play Coalition is an alliance representing hundreds of U.S.-based sellers of toys and children’s products that meet stringent U.S. safety standards.