Environmental watch

February 10, 2009 | Print

New Lead and Phthalate Limits for Children’s Products

The Consumer Safety Improvement Act (CPSIA) passed last summer sets new limits on lead and phthalates in children’s products and takes effect today, February 10, 2009.

The law provides that toys designed for children 12 and under and childcare items for children three and younger are prohibited from containing more than .1% of six common phthalates. Childcare items are those designed for feeding, sleeping, sucking and teething. Products for children 12 and under may not have more than 600 parts per million of lead.

A federal judge (in a lawsuit brought by the NRDC and Public Citizen) confirmed the law applies to toys and childcare items manufactured before February 10th. Stores must clear their shelves immediately for the safer toys.

Next year, these children’s products must be tested and certified that they meet the new law requirements. For now, companies can recall their noncomplying items.

While the much needed law strengthens weak oversight, its application has created concerns for neighborhood toy stores, resellers of second hand products, and natural toy makers. Small businesses are fighting to protect themselves from the losses they may suffer to comply. Meanwhile, the Consumer Products and Safety Commission has issued a press release detailing the phthalate regulations and offered some guidance for resale boutiques.

Our hope is the CPSC grants exemptions from the third-party testing process for small businesses and toy makers selling natural toys that are obviously phthalate and lead free, like those made of wood and other organic materials. The Handmade Toy Alliance is working to alert the CPSC to this issue and find a resolution.

One of our favorite natural toy stores has already received notice that a few of their German suppliers are pulling out of the US market. We can help by signing a petition or sending letters to Congress supporting the Handmade Toy Alliance efforts.

The CPSIA is an important law, the CPSC can create a workable enforcement system–and yet we question why phthalates and lead are allowed in toys even in incremental amounts.

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