The U.S. Consumer Product Safety Commission (CPSC ) has issued a notice of requirements under section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSI A) setting forth the criteria to be used in laboratory testing of children’s products that may contain phthalates. 76 Fed. Reg. 49,286 (8/10/11). Phthalates are industrial chemicals used to make plastics such as polyvinyl chloride more flexible or resilient and are also used as solvents.
The CPSI A permanently banned the use of di-n-butyl phthalate, butyl benzyl phthalate and di(2-ethylhexyl) phthalate at levels above 0.1 percent in the manufacture, sale, distribution, or importation of children’s toys. Section 108 also banned for an interim period the sale of children’s toys that can be mouthed or childcare items that contain more than 0.1 percent of each of three additional phthalates—diisononyl phthalate, diisodecyl phthalate and di-noctyl phthalate. The CPSI A directs CPSC to publish a notice of requirements for accreditation of testing laboratories to assess children’s products for conformity with the CPSI A and CPSC regulations. Enforcement of the testing requirements has been stayed through December 31, 2011.