The U.S. Consumer Product Safety Commission (CPSC) has issued a final rule exempting phthalate-containing products from a restriction of 0.1 percent of three specific phthalates, when the phthalate-containing parts are “inaccessible.”

The rule primarily adopts the same “inaccessibility” guidance that is already in place for lead, “however, vinyl- (or other plasticized material) covered mattresses/sleep surfaces that contain phthalates that are designed or intended by the manufacturer to facilitate sleep of children age 3 and younger, are considered accessible and would not be considered inaccessible through the use of fabric coverings, including sheets and mattress pads.” According to CPSC, paint, coatings and electroplating may not be considered as barriers that render phthalate-containing parts inaccessible. Articles intended for children ages 9 through 12 must undergo a use-and-abuse test to demonstrate that phthalatecontaining parts remain inaccessible. See Federal Register, February 14, 2013.