Speaking of elected officials, I contacted Sherrod Brown (D. Ohio) and this is the response that I got...
Thank you for contacting me regarding H.R.4040, the Consumer Product Safety Improvement Act, specifically provisions setting a deadline to prohibit the manufacture and sale of children's products that contain lead and phthalates.
The negative health effects of both these substances have been extensively documented and studied. Research has found phthalates exposure linked to decreased fertility capacity in men, premature birth in women, and asthma symptoms in children. In 2005, a University of Rochester School of Medicine study found that pregnant women with high levels of phthalates in their urine were more likely to give birth to boys with birth defects.
Ingestion and inhalation of lead has long been known to cause damage to the nervous system, with young children especially vulnerable. Lead poisoning can cause blood and brain disorders, as well as gastrointestinal, reproductive, and kidney problems. Although the number of children with elevated blood lead levels has decreased over the past several decades, the treatment of lead poisoning accounts for the vast majority of the $43.4 billion spent on pediatric environmental disease.
To combat childhood exposure to these substances, Congress passed, and the President signed into law, H.R.4040 in the summer of 2008. Provisions of this law require that beginning February 10, 2009, manufacturers of children's products cannot sell children's products that violate lead standards or contain phthalates.
Since passage, many companies and individuals, particularly small manufacturers, have expressed concern that these requirements present a significant hardship. While they express agreement with the need to restrict lead and phthalates, they have asked for some aspects of the legislation to be re-evaluated.
I supported passage of H.R.4040 and strongly agree with the need to keep these dangerous substances away from children. The Consumer Product Safety Commission’s Office of General Counsel has also concluded that products containing high lead content cannot be sold after February 10, 2009. As it relates to phthalates, Congress created a consumer product safety standard which will apply to products manufactured after February 10, 2009.
It is important to note that on January 8, 2009, the CPSC clarified this law by stating: "The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard, or new toy standards."
As Congress further examines this issue, I will work to see that this legislation does not adversely hurt Ohio’s small business and manufacturing community. Additionally, while I am not currently a member of the Senate Commerce Committee, which has primary jurisdiction over consumer product safety, I will share concerns I have received from constituents with relevant individuals. Thank you again for contacting me.
Sincerely,
Sherrod Brown
