U.S. Consumer Product Safety Commission 
Allows Continued Use of Phthalates in Toys 
While EU Seeks Bans 

BETTE HILEMAN / Chemical and Engineering News 3mar03

Chemical and Engineering News is a publication of the American Chemical Society

The regulation of phthalates and the use of polyvinyl chloride (PVC) in children's toys and medical devices continue to be beset by conflicting actions.

On Feb. 21, the U.S. Consumer Product Safety Commission voted unanimously to allow the continued use of PVC and its primary plasticizer diisononyl phthalate (DINP) in toys for children ages five and under. CPSC voted in response to a petition from the National Environmental Trust and 11 other organizations that sought to ban PVC in all toys and other products intended for young children.

In making this decision, the commission accepted the conclusions of a CPSC-commissioned report that says exposure to DINP from toys "would be expected to pose a minimal to nonexistent risk of injury for the majority of children." The study concludes that young children mouth toys for an average of 1.9 minutes per day, and the amount of DINP that leaches from the toys would be far below an unsafe level.

However, in contrast, a recent proposal prepared under the European Union Existing Substances Regulation states that several groups are exposed to unacceptable levels of di-2-ethylhexyl phthalate (DEHP) in PVC. The groups are children in contact with vinyl toys containing DEHP, workers in industries manufacturing or using DEHP, and patients under long-term hemodialysis with vinyl medical devices containing DEHP. The proposal suggests amendments to a large number of existing European Commission directives.

Also, on Feb. 21, a bill was introduced in the California Assembly that would ban the sale and distribution of DEHP-plasticized medical devices except when there is no alternative device approved by FDA. Last year, FDA proposed voluntary restrictions on DEHP-plasticized devices used for long periods of time on newborn infants and pregnant women.

ABOUT CPSC

CPSC is an independent federal regulatory agency that was created in 1972 by Congress in the Consumer Product Safety Act. In that law, Congress directed the Commission to "protect the public against unreasonable risks of injuries and deaths associated with consumer products." The CPSC has jurisdiction over about 15,000 types of consumer products, from automatic-drip coffee makers to toys to lawn mowers.

• CPSC does NOT have the legal authority to test or certify products for safety before they can be sold to consumers. So-called responsible companies test their products before putting them on the market. 
• CPSC does NOT endorse or recommend specific brands or models of products that are safest for consumers to buy.
• CPSC provides information to consumers on what safety features to look for in products. In cooperation with manufacturers, CPSC announces recalls of products.
• CPSC's jurisdiction does NOT include false advertising, fraud, or poor product quality not related to safety. CPSC jurisdiction applies only to consumer product safety. The Federal Trade Commission is responsible for handling complaints of false advertising, fraud, and product quality.
• CPSC DOES cover all manufacturers, retailers, importers and distributors of consumer products regardless of their size, number of employees, or income.

source: http://www.cpsc.gov/about/faq.html 12mar03