In a recent Advisory, we discussed laws enacted by four county legislatures (Albany, Rockland, Suffolk, Westchester) in New York that ban various substances in children’s products and apparel at levels that are otherwise permitted under federal law. As discussed in the Advisory, in response to the lawsuit filed by Arnold & Porter challenging the Albany County law, the County agreed to postpone enforcement of the Toxic Free Toys Act (TFTA) pending publication of implementing regulations in early November, 2015, and the County Attorney further agreed to stay enforcement of Albany’s TFTA until six months after the conclusion of the lawsuit.
Last week, however, Albany County agreed in a Court order to an additional six-month stay of enforcement to give the County until February 1, 2016 to complete its regulations. The stay also puts on hold the legal challenge to Albany’s TFTA until after the County’s regulations are finished and made public. The stay in enforcement of Albany’s TFTA does not affect any of the three other New York County TFTAs. Therefore, companies that are potentially subject to any of the four county TFTAs--manufacturers, distributors, and retailers of children’s products and apparel--should continue preparing a response to the coming changes in the law.