The Consumer Product Safety Commission has approved the issuance of a final rule strengthening restrictions on phthalates in children’s toys and child care articles. This rule will take effect April 25, 2018.

(Children’s toys are products designed or intended by the manufacturer for play by a child 12 years of age or younger. Child care articles are consumer products designed or intended by the manufacturer to facilitate sleep or the feeding of children age three and younger or to help children with sucking or teething.)

Section 108 of the Consumer Product Safety Improvement Act permanently prohibits the sale of any children’s toy or child care article containing more than 0.1 percent of three specified phthalates: di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP) and benzyl butyl phthalate (BBP). The forthcoming final rule will add diisobutyl phthalate (DIBP), di-n-pentyl phthalate (DPENP), di-n-hexyl phthalate (DHEXP) and dicyclohexyl phthalate (DCHP) to this list of prohibited phthalates.

The CPSIA also imposed an interim prohibition on the sale of toys that can be placed in a child’s mouth or child care articles containing more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP) and di-n-octyl phthalate (DNOP). The CPSC has determined to make the interim ban on DINP permanent and expand it to cover all children’s toys and child care articles. However, the interim ban on the use of DNOP and DIDP is being lifted because these substances do not cause adverse effects on male reproductive development and other risks of their use are low.

The CPSC states that will also issue a notice of requirements on how laboratories can become accredited as third-party conformity assessment bodies to test for the newly prohibited phthalates.


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