phthalate ban applied retroactively?

[Former_Member]

This from twitter:
Court rules against CPSC phthalates to apply retroactively to http://tinyurl.com/dg9437

[Former_Member]

So apparently, with the stay that was announced last week, testing won't have to be done yet but it will be illegal to sell toys with the 6 phthalates in them.

This is really bad.

[Former_Member]

BAckground:

In a letter issued November 17th the Commission said that their reading of the bill indicated that products untested for Phthalates could not be manufactured after February tenth, but inventory could still be sold.


http://lawprofessors.typepad.com/products_liability/files/cpsia__1.09_.pdf

Barbara Boxer (it would, it seems, be partisan to notice what party she's from), who is said to have written this part of the ban in company with Diane Feinstein (it would be partisan to mention her party) objected vociferously and said this was certainly not her intent and the Commission was guilty of a gross misrepresentation of the bill ('blatantly incorrect').

On NOvember 4th, two groups, the Natural Resources and Defense Council and Public Citizen, both consumer protection groups who lobbied for the bill and remain staunch supporters who insist no changes are needed, filed a legal complaint against the CPSC demanding that inventory NOT BE PERMITTED to be sold after February 10th.

And it appears that NRDC and Public Citizen won.

[Former_Member]

I haven't paid enough attention to the phthalate issue. Is it for products for 3 and under? Are things that aren't plastic subject to testing?

[wigglysee]

marking for later

[Former_Member]

marking.

[Former_Member]

Here's an info link about it.

http://www.cpsc.gov/ABOUT/Cpsia/faq/108faq.html

[Former_Member]

It's a wonder they aren't requiring nursing moms to have their breastmilk certified, but I'm sure that's only a matter of time.

[Former_Member]

Looks like toys for 12 and under, toys and some other things for children 3 and under:

"Three phthalates, DEHP, DBP, and BBP, have been permanently prohibited by Congress in concentration of more than 0.1% in “children’s toys” or “child care articles.” A “children’s toy” means a product intended for a child 12 years of age or younger for use when playing, and a “child care article” means a product that a child 3 and younger would use for sleeping, feeding, sucking or teething.

Three additional phthalates, DINP, DIDP, and DnOP, have been prohibited pending further study and review by a group of outside experts and the Commission. This interim prohibition applies to child care articles or 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 that contains a concentration of more than 0.1% of the above phthalates."

Is it true that XRF testing doesn't reveal phthalates?

[Former_Member]

Deputy...if they go that far, I swear I am moving! Lol.

[Former_Member]

DeputyHeadmistress says:
It's a wonder they aren't requiring nursing moms to have their breastmilk certified, but I'm sure that's only a matter of time.
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I mentioned that before. It must drive them nuts.

[Former_Member]

I'm still confused about this...is this retroactive ban on phthalates going to affect clothes for children?

[Former_Member]

Certain types of clothing, yes. Sleepwear for the under three set and costume type things that have "play" value. It's weird. If you google "cpsia phathalates" you will find a few articles about it.

The phathalates ban is not as extensive as the lead ban though. Although almost as equally irritating, given most of my products are for the under three crowd...not all for feeding/sleeping sucking though.

[Former_Member]

So what does this mean for store shelves on the 10th if anything?

[Former_Member]

You're confused because it's confusing.
I *think* for clothes for three and under it says something about 'aids in sleeping or feeding.' So bibs are covered. Sleepers, it would seem, would be covered. Pajamas.
I don't think a regular dress or baby overalls would be. But if you read the CPSC page, just look at the 'sports equipment' explanation (are these toys? the answer seems to be 'we decide that when we come to investigate'), it's easy to fry your brain.

Walter Olson, on this podcast:
http://craftsanity.com/?p=1625

said Congress often 'outsources' bills, and he thinks the law was actually written by lawyers for one of the consumer groups, perhaps Public Citizen or Pirg, maybe another, and then Congress just put their names to it and passed it.

[Former_Member]

For those of us who make baby shoes:

Do the phthalate limits apply to children’s shoes or socks?
Shoes and socks are not considered to be children’s toys or child care articles. See the Office of the General Counsel Advisory opinion (http://www.cpsc.gov/library/foia/advisory/318.pdf).

Posted 12/04/2008.

[bobbinalong]

If I go back to making tooth fairy pillows, I include a toothbrush (in the packaging naturally) A free gift. Am I in violation of something? Are phthalates in toothbrushes? Perhaps just not include a toothbrush as an incentive to keep their nice new tooth shiny.

[Former_Member]

My question is---is you use all natural fibers? What exactly are pthalates in anyway? I heard it was only plastic and vinyl...are there pthalates in linen or cotton?

[meredithdillman]

It is confusing. Nord's comments from the stay indicated they were still researching a method for testing phalates and had not accredited any labs for it yet. So how you are supposed to test yet I don't know.

[Former_Member]

Is it true that XRF testing doesn't reveal phthalates?

_______________


Had XRF testing today with some Michigan gals and according to the guy who did our testing XRF does NOT test for phthalates but it DOES test for chlorine and according to him where there is chlorine there are phthalates.

[Former_Member]

ittybittyrevolution says:
My question is---is you use all natural fibers? What exactly are pthalates in anyway? I heard it was only plastic and vinyl...are there pthalates in linen or cotton
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It's my understanding that they're in plastic and vinyl, too, not fabrics.

However, curiouswork on twitter told me this:

curiouswork @SugarDolls there are no exemptions in #CPSIA for phthalate testing for ANY non-plastic items. Fabric, wood must be phthalate tested.

[Former_Member]

adding....however, with the one year stay I suppose you don't really have to worry about phthalates being in your fabric products.

[Former_Member]

Okay, interesting facts about pthalates:

1.) they're in most consumer goods including: personal hygiene items such as perfume and lotions, many baby care items, household goods, printing inks and coatings,
adult toys(yes...adult toys)and the usual culprits: pvc and vinyl.

2.) The UK has put pressure on the EU to put a ban on pthalates in adult toys.

3.) Even Mexico has banned them in children's items (which is hilarious in an ironic sort of way: "Here little children have all the lead candy and dirty drinking water that you want but no pthalates!" In fact I take a little common sense offense to that because out of all of the issues that Mexico has...pthalates should not be high on the list of things to ban because they may be dangerous to children.)

4.)The only way that one can test for the chemical is by chemical analysis, most likely something called gas chromatography (which sounds just dreadfully expensive)

It all sounds exhausting.

[Charsbeads4U]

phthalates can cause birth defects in male babies...I know quite a few boys born with problems...in their male parts...that's all I'm saying...

[Former_Member]

Charsbeads4U says:
phthalates can cause birth defects in male babies...I know quite a few boys born with problems...in their male parts...that's all I'm saying...
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not everyone agrees on the health effects of phthalates
http://en.wikipedia.org/wiki/Phthalate#Health_effects