| The U.S. Consumer Product Safety Improvement Act - Collection of Q&A on Phthalates (I) | NO.2/2009 |
U.S. President Bush signed the Consumer Product Safety Improvement Act of 2008 (CPSIA) on August 14, 2008. The regulations authorize and expand the U.S. Consumer Product Safety Commission (CPSC) greater authority to prevent unsafe products from entering the United States to make up for the shortcomings of current U.S. consumer product safety laws. The following is a collection of frequently asked questions about products containing specific phthalates (Phthalates).
What products are phthalates banned from?
Permanent ban on children’s toys and child care products containing bis-2-ethylhexyl phthalate in concentrations exceeding 0.1% (DEHP) , dibutyl phthalate(DBP)or butyl benzyl phthalate(BBP). Children's toys mean products suitable for children under 12 years old; and child care products mean products that help children under 3 years old sleep, eat, breastfeed or teeth. In addition, diisononyl phthalate with a concentration exceeding 0.1% is temporarily prohibited.(DINP), diisodecyl phthalate(DIDP)or dioctyl phthalate(DnOP)Until final regulations are promulgated on children's products and care products that can be placed in children's mouths.
Does the ban apply to small parts?
As defined in CPSIA Chapter 108, the ban on phthalates applies to all parts of children's toys or child care products.
Does the ban apply to jewelry?
It depends on the situation. If the jewelry is designed to be used as a toy by children under the age of 12, it must comply with the Prohibition Act.
Does the ban apply to sports products?
"Sporting Goods" in the product classification covers toys, but not all sporting goods are classified as toys. The ASTM F963 toy safety standard, which will become a mandatory safety standard for consumer products on February 10, 2009, does not define sporting goods equipment as toys unless the product is a toy version of sporting goods equipment. However, CPSIA Chapter 108 broadly defines "children's toys" as "consumer products produced by manufacturers specifically for children under 12 years of age for play use." Therefore, whether sporting goods are considered to be under the definition of Chapter 108 Toys that must comply with the ban on phthalates can be handled on a case-by-case basis based on the following factors:
 | The manufacturer's statement of intended use of the product, including the label on the product. |
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| Whether packaging, display, promotion, or advertising is intended for users of a specific age group. |
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| Widely recognized by consumers; it is a product for children of a certain age. |
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| The Age Decision Guide published by committee members in 2002, and any subsequent revisions to this guide. |
When will the ban on phthalates in children's toys and care products come into effect? Does it apply to products before February 10, 2009?
DEHP, DBP, and BBP were permanently banned from use in children's toys and child care products on February 10, 2009, while DINP, DIDP, and DnOP were temporarily banned. The ban on these six phthalates only applies to products manufactured on or after February 10, 2009.
If the ban on phthalates only applies to products manufactured after February 10, 2009, how can consumers know whether a product contains phthalates?
Manufacturers and retailers can label products as compliant with CPSIA phthalate limits regardless of when the product was manufactured. Congress has enacted severe penalties for products that do not comply with the labeling. Retailers can place products that comply with phthalate limits separately from other products, just like supermarkets place organic products for sale in the same area. Many manufacturers have already eliminated the use of phthalates and can provide this information to their partner retailers. DEHP, which is listed as permanently banned for use, has also been banned from use in rubber pacifiers, soft hand rattles, and teeth fixing devices since 1999. If consumers still have concerns, they should ask the manufacturer or retailer whether the product contains phthalates.
Is the analysis limit of 0.1% for 6 phthalate esters individual requirements or the sum?
The analysis limit of 0.1% is the individual requirement for six phthalates, not the total of these phthalates in the product.(The 0.1% limit for the six banned phthalates applies to each individual phthalate, not the total amount of these phthalates in the product.)
The above translation is for reference only, please refer to the original text.
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CPSIA FAQ
