Relevant for: Toys & children's products
After 2 years of delay, the US Consumer Product Safety Commission (CPSC) must decide whether to ban 5 phthalates1 in children’s toys and child care articles by 18 October 2017. The CPSC issued this proposal back to 2014 by considering the recommendation of the Chronic Hazard Advisory Panel (CHAP). They failed to issue a final rule before 14 January 2015 as required by law. A non-government organization filed a lawsuit in December 2016 to address this issue. As a result of the court case2, CPSC must publish the decision on a final rule no later than 18 October 2017.
As requested by the CPSC, the CHAP conducted a series of research to evaluate the effects and risks of phthalates to children’s health, possible alternatives and specific plastics which do not contain phthalates. The final rule 16 CFR 13083 was published to exempt four specific plastic from the third-party testing and took effect on 29 September 2017.
The proposed amendment may lift the interim ban of DINP to a permanent ban, and extend the scope to all children’s toys and child care articles. Additionally, four phthalates, DIBP, DPENP, DHEXP, DCHP may be newly added as a permanent ban and the interim ban of DIDP and DnOP may be removed. The limit of the bans remains as 0.1% by weight for each restricted phthalate. Table A compares the existing4 and the proposed phthalates restrictions.
Compared with current EU phthalates requirement, DIBP, DPENP and DHEXP are already listed on the REACH Candidate List. However, DCHP is neither restricted in children’s products nor listed in the Candidate List for the EU market.
Table A: Comparison between current and proposed phthalates restriction in toys and child care articles
|Existing Ban ||Proposed ban |
|Children's toys, and any child care articles|
|Children's toys, and any child care articles |
|Any children's toy that can be placed in a child's mouth, and any child care article|
Di(2-ethylhexyl) phthalate (DEHP)
Dibutyl phthalate (DBP)
Butyl benzyl phthalate (BBP)
Diisononyl phthalate (DINP)
Diisodecyl phthalate (DIDP)
Di-n-octyl phthalate (DNOP)
Diisobutyl phthalate (DIBP)
Di-n-pentyl phthalate (DPENP)
Di-n-hexyl phthalate (DHEXP)
Dicyclohexyl phthalate (DCHP)