Phthalates or No Phthalates

With the passage of the Consumer Product Safety Improvement Act, US Congress signaled to the industry their intent to mimic consumer safety legislation that has been enacted both in Europe as well as at the state level.  Within this legislation, there are certain aspects that have the potential to impact the specialty imaging industry.  The following is a brief overview of the important aspects of this new law, as well as a timetable by the Consumer Product Safety Commission to address these issues through the regulatory system. 

Prohibition on the Safe of Certain Products Containing Specified Phthalates
Section 108 of the Act contains product specifications that are creating quite a stir in the garment decoration industry sector.  The Subsection 108(a) of the Act contains language that prohibits the manufacture, import, distribution, or sale of children’s toys or child care articles containing more than 0.1% of the following phthalates:  benzyl butyl phthalate (BBP), dibutyl phthalate (DBP), or di-(2-ethylhexyl) phthalate (DEHP).  This prohibition begins on February 10, 2009.

Further, subsection 108(b)(1) further prohibits, on an interim basis, the manufacture, import, distribution, or sale of “children’s toys that can be placed in a child’s mouth” or child care articles containing more than 0.1% of diisodecyl phthalate (DIDP), diisononyl phthalate (DINP), or di-n-octyl phthalate (DnOP), beginning February 10, 2009.

Subsection 108(e) defines ‘‘children’s toy’’ as “a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays.” A ‘‘child care article’’ is defined as “a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.” A toy is considered a “toy that can be placed in a child’s mouth”…“if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the children’s product can only be licked, it is not regarded as able to be placed in the mouth. If a toy or part of a toy in one dimension than 5 centimeters, it can be placed in the mouth.”

It is important to note that at this point, the CPSC has not included decorated garments within its definition of child care articles or children’s toy.   The CPSC will be holding a public meeting regarding this phthalate issue early in 2009.

Certification Requirements
On November 18, 2008, the Consumer Product Safety Commission issued a final rule on Certificates of Compliance.  The 2008 Act expands the general certification requirement to all products subject to CPSA bans as well as standards, or to any “similar rule, ban, standard, or regulation under any other Act enforced by the Commission.”  A “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger.  In addition to general certification requirements, the CPSC will be requiring mandatory testing for lead, including any toys with any type of surface coating, such as ink. 

SGIA continues to interact with the Consumer Product Safety Commission on this issue and will post regular updates as information becomes available.  For further information, or if you have questions, please contact Marci Kinter at marcik@sgia.org.