I kind of understand a phthalates ban going forward. We have gotten rid of plastic toys (sadly, they do come back) and don't buy new vinyl shower curtains or table cloths, and replaced a lot of plastic storage containers with baskets and boxes because of our concerns. Oh, and we don't eat individual slices of american cheese in plastic, either.
I don't see the sense of making it retroactive. Going forward, testing can occur at the manufacturer's level.
Retroactive bans on toys in inventory aren't going to make that big of a difference because most people are not going to get rid of their plastic and vinyl stuff.
I just read the article about this on Reform CPSIA...geez. Since NRDC won and got the injunction against the CPSC, I wonder if other groups will also be able to overturn the stay of enforcement and certification.