I'm not stupid, but...

[Former_Member]

...if you make a toy, even if that toy is made only from fabric and yarn, is it required to be tested for phthalates? Because as I read the CPSIA, it seems like ALL toys are required to be tested for phthalates (as of next year) regardless of what the toy is made of. That list of exclusions (fabric, yarn, feathers, etc) only applies to lead testing.

Am I reading that right? If you make a stuffed animal from all natural fabrics, you still have to have it tested for phthalates? This is insane.

[Former_Member]

just want to say I love your avatar OP and best of luck on the new baby :)

[Former_Member]

Thank you, Krystyna81! That was very sweet!

[OneWorldPlush]

I have been wondering the same thing. I haven't actually read the CPSIA stuff because it's so cumbersome, but at one point, I heard that all fabric was safe, and then at another time, I heard we have to call our supplier and find out if the fabrics we use are compliant.

So, who knows?

[MamaFamilias]

You read it right. It is insane, but there's a lot of time for things to change between now and next Feb. Here's hoping sanity will come from somewhere.

[MamaFamilias]

Here's a simplified explanation
http://www.cpsc.gov/ABOUT/Cpsia/smbus/manufacturers.html

and the whole "call you supplier" thing did not come from the CPSIA as far as I can tell and it does not help your compliance.

[FayeMaloneDesigns]

from the cpsa web site:

"What are phthalates?
Phthalates are a group of chemicals (oily, colorless liquids) that are used, among other things, to make vinyl and other plastics soft and flexible. Many types of phthalates are in use today. As of February 10, 2009, three have been prohibited outright in the United States for use in certain products and three more are prohibited pending further action by the Commission.

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What products are covered by the prohibition on the use of phthalates?
Three phthalates, DEHP, DBP, and BBP, have been permanently banned in concentrations of more than 0.1% in “children’s toys” or “child care articles.”


A “children’s toy” is a product intended for a child 12 years of age or younger for use when playing. General use balls, bath toys/bath books, dolls and inflatable pool toys are examples of toys that are covered by the law and might contain phthalates. Bikes, playground equipment, musical instruments, and sporting goods (except for their toy counterparts) are not considered toys and therefore not affected by the ban.


A “child care article” is a product that a child 3 years of age and younger would use for sleeping, feeding, sucking or teething. Bibs, child placemats, child utensils, feeding bottles, cribs, booster seats, pacifiers and teethers are child care articles that are covered by the law and might contain phthalates.
Three additional phthalates, DINP, DIDP, and DnOP, have been prohibited in concentrations of more than 0.1% pending further study and review by the Commission and a group of outside experts. This interim prohibition applies to: (a) child care articles, and (b) toys that can be placed in a child’s mouth or brought to the mouth and kept in the mouth so that it can be sucked or chewed (for example: squeeze toys, teethers, bathtub toys and uninflated pool toys)".

Toys from wood and fabric should not contain phthalates, but it is possible if you use some accent pieces like appliques that are pliable that I have seen they may contain phthalates.

Also from the same piece as the link from the cpsa that mama supplied.

"If you choose not to test, ask your suppliers about the chemical/material content of their products. Seek out materials that will enable you to produce products that are in compliance."

This is acceptable for now, but, you MUST know that you are compliant.

[Former_Member]

Congrats on the new baby matsutake! I love your toys, and agree that all of this is really insane. You are good as long as you know your products are in compliance for about one more year, then you will be required to do testing (wet testing) where they dissolve your items to test for lead and phthalates.

I contacted one of the testing companies (that I found on the cspia website), and their rep told me to test a necklace I am interested in selling would cost me between $200-$300. Then everytime I change a component, such as changing the color I painted on the pendant, I would need to test again. Insanity!

I really don't understand why this burden of testing is on us, as long as we can verify our suppliers are in compliance. Seems like a bunch of politician jumped on this bandwagon, and the vast majority of people are uninterested in how this effects small time crafters like myself.

Good luck!

[Former_Member]

Hey you guys, thank you for the guidance and thank you for the congrats on the new baby, purplesmurple. My head has been in a blur for the past few weeks so I'm only now just trying to get back into the loop with this CPSIA stuff.

I keep thinking of new toys I want to make :(

[bobbinalong]

I just feel that everything was in a quandary at the end of 2008, with the toy manufacturers, clothing manufacturers, charities, us, and Congress was feeling the results. They went back to the CPSC and out came the Stay. I don't think anything has been studied, settled, decided, and along will come the end of this year, and it will surface again. Nothing new - just the same old problems.

[Former_Member]

You are not stupid..The Congressmen are..As with a lot of other things, they pass these stupid laws, when they themselves don't have the background to realize what they are asking...Same thing with Healthcare...Do we really want these screw-up Congressmen running anything to do with the Healthcare system?..Do you want your legislator telling your Doctor how to treat your cancer or other ailments?..Not me baybee...

[Former_Member]

I guess what's messing me up the most here with the phthalates issue is that when I read the law, it doesn't say "you have to test all toys that contain materials that look plasticky to you". It just says all toys. So even if I make a toy with the exempted materials (wood, fabric, etc), don't I still have to test for phthalates? That list of exemptions is only for lead testing, right?

Logic would tell me that only materials that could possibly contain phthalates would have to be tested, but clearly this law isn't logical since it was so painful for them to finally exempt some materials from the lead testing.

Ok, I"m going to try to really clarify what I'm asking here.

A. I make a toy out of wood only. Do I have to test for phthalates?

B. I make a toy out of wood and nontoxic glue. Do I have to test the wood and/or glue for phthalates?

C. I make a toy out of wood, paint, and glue. Which components have to be tested for phthalates?

[Former_Member]

PS I don't trust a lab to interpret this law for me since it is in their financial interest to test as many components as possible, know what I mean?

And it's the phthalates testing that is super $$$. That's why I'm in a tizzy about it.

[FayeMaloneDesigns]

matsuke, I agree with your logic, that is how I interpret the law. And I also agree, the testing company is going to have you test even an egg for total lead, lead in paint and phthalates. Maybe even for radon, mold, and asthma. Just know your componants. Keep on keeping on with updates on the CPSIA from their website, and write them, and the small business administration for clarification.

[Former_Member]

FayeMaloneDesigns, thank you for the information you posted earlier about phthalates and which ones are banned. I was trying to look that up myself, but was having a hard time finding the information I really wanted. I read in one place that phthalates can be naturally occurring. Have you also read that? Is it true?

I have concerns over the reliability of labs doing all this testing. Who will be checking the labs to be sure their test and reporting is accurate?

[quotesandnotes]

matsutake: Congratulations on your new baby! I just checked out your store. I absolutely LOVE your items!! Especially the robot! ..and the elephant and giraffe pull toys!! I can't wait until you have your store up again so I can get some of those cool toys for my little boy. :)

[Former_Member]

Thank you so much, quotesandnotes. I'm dying to get things up and running again. Just trying to figure out how to make it all work (legally, that is). Drives me bonkers because all my materials I use I chose because of how safe they are. Grrrrr!

[Former_Member]

I know it's been said before, but I just can't believe how stupid this all is. If I make a squirrel pull toy and paint it blue, and I make a wooden truck and paint it the same blue, and I make a wooden race car and paint it the SAME blue, I have to pay for 3 lead tests for that SAME BLUE PAINT even though it could've come from the same bottle (which is stamped AP nontoxic).

Surely, if someone is prosecuted under this law for some scenario like I just mentioned above, the courts would side in favor of the toymaker????

[quotesandnotes]

Yes.. it's tough! The BPA problem all came out while I was still pregnant..so we went out and bought glass bottles right away (they were flying off the shelves so fast).. and I don't know which toys are safe for my little guy.. I guess if I buy from Toys R Us, the toys should all be safe? Thank you for being so careful in making your toys!

[RuthiesGirlDesigns]

Issues like this make me want to just eat a whole chocolate cake.

[Former_Member]

quotesandnotes, just little note off topic... Don't use glass bottles for breast milk. There is something in the silica of glass that deteriorates many of the great immunities & natural vitamins that are passed along in breast milk. Contact someone from your hospital/birth center La Leche League or breast feeding educator as to which bottles are best for expressed breast milk.

[quotesandnotes]

jewelrydesignsbyme: Really?? Things are really getting complicated.... :( Thanks so much for the info!!

[FayeMaloneDesigns]

Look at table C: Commonly resold children's products.
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Painted wooden or metal toys..Best to test, contact the manufacturer, or not sell.

Toys with soft plastic that are made for infants....Should be ok to sell if made for sale after Feb 10, 2009

Also question 16: How can I tell if a product contains a prohibited phthalate?
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Be wary of certain products: very soft vinyl or plastic toys, or other products where the plastic is soft enough to enable an infant to grasp it more readily, may contain phthalates.