News on the Retroactive Application of the CPSIA Phthalate Prohibition
On February 10,
2009, DEHP, DBP and BBP will be permanently banned.
Additionally, DINP, DIDP and DnOP will also be banned
on an interim basis, for children's toys or child care
articles as defined in section 108 of the CPSIA (For
details, please refer to Intertek news update: CN-152).
As per the letter from the CPSC's General Counsel, Cheryl A. Falvey, dated
November 17, 2008, the ban on the six specified phthalates in section 108 of
the CPSIA only applies to products that are manufactured on or after February
On the other hand, Senator Barbara Boxer (D-Calif.), who played a key role
in getting the phthalate ban included in the CPSIA, did not agree with the CPSC's
decision. Ms. Boxer said that the opinion from the General Counsel violates
the clear language of the Act. She advised that the Feinstein-Boxer provision
of the law is clear: Beginning on the date that is 180 days after the date of
enactment of this Act, it shall be unlawful for any person to manufacture for
sale, offer for sale, distribute in commerce, or import into the United States
any children's toy or child care article that contains concentrations of more
than 0.1 percent of certain types of phthalates (section 108 (a) & (b) (1)).
She added that the ban clearly includes toys and child care articles produced
both before and after the enactment date of the legislation.
Ms. Boxer has requested Ms. Falvey to immediately withdraw her opinion.
There are no further updates on this at the moment, but according to the CPSIA
FAQ posted on the CPSC website on December 4, 2008, the CPSC's decision about
the phthalate prohibition not applicable to inventory remains in effect still.
For more information about product safety, you may ask Intertek expert by filling in this enquiry form.