CPSC Votes Unanimously to Enforce Phthalates Limits

By Mike Rozembajgier

The Consumer Product Safety Commission (CPSC) recently voted unanimously to enforce third-party testing requirements for phthalates. The CPSC’s decision means that you must be prepared to prove that your products meet federal standards, or risk facing a recall. Several manufacturers have already decided to err on the side of caution and voluntarily remove all phthalates from their products. But those that have not taken this step should be aware that the agency will now be keeping keep a closer eye not only on the products they manufacture and sell, but also on testing results when deciding whether to ask for a recall.

Phthalates, a family of chemicals used to increase the flexibility and durability of plastics, are a common ingredient in thousands of everyday household products, including many children’s toys.

After concerns were raised about the safety of the chemicals, Congress decided to ban certain phthalates in children’s toys. Included in the Consumer Product Safety Improvement Act of 2008 (CPSIA) are provisions that forbid phthalates in concentrations greater than 0.1 percent. Since February 2009, it has been illegal to manufacture or import toys or child-care products that violate these standards. While manufacturers and importers have been required to comply with these standards for more than two years, the CPSC gave them time to put a third-party testing program into place and review their product lines to ensure compliance with the new federal standards.

Effective December 31, 2011, the Commission will implement certification procedures for compliance with phthalates limits. According to a CPSC press release announcing the update, “The Commission will enforce certification of compliance with the phthalates limits based on third party testing of children’s toys and child care articles manufactured or imported after that date.”

While the CPSC has previously debated whether phthalates are, in fact, harmful, a study published by the University of Rochester Medical School found that pregnant women exposed to high levels of phthalates experienced a disruption of hormone activity and birth defects. In an interview with 60 Minutes, Dr. Shawnee Swann, author of the University of Rochester study, said that “at each point in time we have to decide what is the action we as a society want to take – do we want to be more cautious or do we want to be less cautious?”

As Congress and the CPSC continue to monitor the potential danger associated with phthalates, retailers and manufacturers should ensure that their product supply chains are capable of meeting the new testing. Just in case, they would be wise to be prepared with a comprehensive product recall management plan to mitigate any potential risks posed by lapses in oversight that may occur in the development and manufacturing of children’s products containing the remaining acceptable classes of phthalates.

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