CPSC to Abide by Recent Court Decision and Apply CPSIA Phthalate Bans to Inventory
The Consumer Product Safety Commission has issued a press release stating it will abide by a February 5, 2009 district court decision that the prohibition on certain phthalates in the Consumer Product Safety Improvement Act of 2008 (CPSIA) applies to products in inventory.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(See ITT's Online Archives or 02/06/09 news, 09020605, for BP summary of the district court ruling with link to the CPSC advisory opinion it overruled.)
Phthalates Bans to Apply February 10, 2009, Regardless of Manufacture Date
CPSC states that starting February 10, 2009, children's toys and child care articles cannot contain more that 0.1% of six phthalates (DEHP, DBP, BBP, DINP, DIDP, and DnOP), regardless of when they were manufactured.
Companies Must Report Products Above Phthalates Limit
CPSC states that companies must meet their reporting obligation under federal law and immediately tell the CPSC if they learn of a children's toy or child care article that exceeds the new phthalates limits starting on February 10, 2009.
Export of Products with Phthalates Above Limit Generally Prohibited
In addition, companies should know that the CPSIA generally prohibits the export for sale of children's products that exceed the new phthalates limits.
CPSC Gives Examples of Children's Toys/Articles Subject to Phthalate Bans
According to CPSC, "children's toy" is defined in the statute as a product intended for a child 12 years of age or younger for use when playing. As previously stated, CPSC will follow the definition of toy in the mandatory toy standard which exempts such things as bikes, playground equipment, musical instruments, and sporting goods (except for their toy counterparts).
The statute also prohibits phthalates over the limit in "child care articles," which include products that a child three and younger would use for sleeping, feeding, sucking or teething. CPSC states that by way of examples, a pacifier/teether would be an item that would help a child with sucking or teething; a sippy cup would facilitate feeding; and a crib mattress would facilitate sleeping.
CPSC press release on complying with phthalates ruling (dated 02/06/09) available at http://www.cpsc.gov/cpscpub/prerel/prhtml09/09121.html