Phthalates Business Guidance & Small Entity Compliance Guide
The law that prohibits children's toys and child care articles that contain certain phthalates can be found in section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (pdf), Pub. L. No. 110-314, 122 Stat. 3016 (August 14, 2008), as amended by Section 5 of Public Law No. 112-28 (August 12, 2011). See also 15 U.S.C. 2057c.
Plasticizers and the CPSIA - U.S. Consumer Product Safety
Commercial Plasticizers Adipates (0.17 MT) Epoxy (0.14 MT) Other (0.17 MT) Benzoates Trimellitates (0.05 MT) (0.13 MT) Phthalates (5.4 MT) Phthalates – 90% (5.4 MT) of global plasticizer demand – Used to make PVC plastic soft and flexible – Most common plasticizer due to excellent balance of cost and performance
Phthalate Regulations in the United States: An Overview
The Consumer Product Safety Improvement Act (CPSIA) addresses the safety of children’s products. As such, it also regulates the use of chemicals such as phthalates, lead, and other dangerous substances that might be commonly found in children’s toys and childcare products.
Prohibition of Children's Toys and Child Care Articles
Section 108 of the CPSIA establishes requirements concerning phthalates. The term “phthalates” generally refers to ortho -phthalate diesters (phthalate esters, phthalates), which are a class of organic compounds used primarily as plasticizers for polyvinyl chloride (PVC). Phthalates also are used as solvents and stabilizers for fragrances.
CPSIA Phthalate Restrictions for Children’s Products | QIMA
The U.S. Consumer Product Safety Improvement Act (CPSIA) has and will continue to impose stricter measures against the use of phthalates in plastic consumer products. At the moment, the act prohibits eight different types of phthalates in children’s toys and child care products. The increased restriction measures are based on new research
- Do manufacturers know if a product complies with CPSIA?
- Manufacturers either know or should know what materials and components go into the products they make, and if the product or its components contain one of the plasticizers specified in section 108 of the CPSIA, the manufacturer or importer certifying the product must test the component or product to ensure that it complies with the CPSIA.
- How did the CPSIA affect children's products?
- The CPSIA also repealed a challenging agency funding limitation and increased the number of authorized CPSC commissioners from three to five. The CPSIA defines the term “children’s product” and generally requires that children’s products: Have permanent tracking information affixed to the product and its packaging where practicable.
- Do products comply with the phthalates limits of CPSIA?
- Comments in response to the Notice demonstrate that many questions and concerns exist about the requirement that products comply with the phthalates limits of section 108 of the CPSIA and, specifically, the testing procedures used to determine the percentage of phthalates in such products.
- What are the CPSIA requirements for children's products?
- The CPSIA defines the term “children’s product” and generally requires that children’s products: Have permanent tracking information affixed to the product and its packaging where practicable. The CPSIA also requires domestic manufacturers or importers of non-children’s products to issue a General Certificate of Conformity (GCC).
- When did the CPSIA come into effect?
- On August 14, 2008, the USA signed the Consumer Product Safety Improvement Act (CPSIA) and the Toy Safety Standards ASTM F963.0. Starting on February 10, 2009, the CPSIA prohibits the sale, distribution, and importation of toys and childcare articles that contain >0.1% DEHP, DBP or BBP.
- What does CPSIA cover?
- The CPSIA included provisions addressing, among other things, lead, phthalates, toy safety, durable infant or toddler products, third-party testing and certification, tracking labels, imports, ATVs, civil and criminal penalties and SaferProducts.gov, a publically-searchable database of reports of harm.
