| U.S. Consumer Product Safety Improvement Act - Phthalate FAQ Compilation (I) | NO.2/2009 |
On August 14, 2008, US President George W. Bush signed the Consumer Product Safety Improvement Act of 2008 (CPSIA). This act authorized and expanded the powers of the US Consumer Product Safety Commission (CPSC) to prevent unsafe products from entering the United States, thus addressing shortcomings in existing US consumer product safety laws. Below is a compilation of frequently asked questions regarding products containing specific phthalates.
Which products are prohibited from using phthalates?
Children's toys and childcare products are permanently prohibited from containing more than 0.1% of bis-2-ethylhexyl phthalate (DEHP), dibutyl phthalate (DBP), or butyl phthalate (BBP). Children's toys refer to products suitable for children under 12 years of age; while child care products refer to products that help children under 3 years of age fall asleep, eat, breastfeed, or teethe. Additionally, products containing more than 0.1% diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or dioctyl phthalate (DnOP) are temporarily prohibited in children's products and care products that may be put in a child's mouth until final regulations are promulgated.
Does the ban apply to small parts?
As defined in Chapter 108 of the CPSIA, the ban on phthalates applies to all parts of children's toys or childcare products.
Does the ban apply to jewelry?
It depends. If the jewelry is designed for use as a toy by children under 12 years old, then it must comply with the ban.
Does the phthalate ban apply to sporting goods?
The product classification of "sporting goods" includes toys, but not all sporting goods are classified as toys. The ASTM F963 toy safety standard, which became a mandatory safety standard for consumer products on February 10, 2009, does not define sporting goods as toys unless the product is a toy version of the sporting goods. However, Chapter 108 of the CPSIA broadly defines "children's toys" as "consumer products manufactured specifically for use by children under the age of 12 as play equipment." Therefore, whether sporting goods are considered toys under the definition of Chapter 108 and thus subject to the phthalate ban can be determined on a case-by-case basis, considering the following factors:
 | The manufacturer's statement of intended use for the product, included on the label on the product. |
 |
| Whether the packaging, display, promotion, or advertising is presented to users of a specific age group. |
|
| Consumers widely recognize it as a product for children of a specific age group. |
|
| Age Decision Guide issued by the Committee members in 2002, and any subsequent revisions to this guide. |
When did the ban on phthalates in children's toys and care products take effect? Does it apply to products manufactured before February 10, 2009? DEHP, DBP, and BBP were permanently banned from use in children's toys and care products starting February 10, 2009, while DINP, DIDP, and DnOP were temporarily banned. This ban on these six phthalates only applies to products manufactured on or after February 10, 2009. If the phthalate ban only applies to products manufactured after February 10, 2009, how can consumers know if a product contains phthalates? Regardless of when a product was manufactured, manufacturers and retailers can label their products as meeting CPSIA phthalate limits. Congress has already imposed severe penalties for products with non-compliant labeling. Retailers can separate products that meet phthalate limits from other products, similar to how convenience stores sell organic products in the same section. Many manufacturers have long since stopped using phthalates and can provide this information to their partner retailers. DEHP, which is permanently banned, has also been phased out of use in rubber nipples, soft rattles, and teething toys since 1999. Consumers who still have concerns should ask the manufacturer or retailer whether the product contains phthalates.
Is the analytical limit of 0.1% for the six phthalates an individual requirement or the sum of the values?
0.1%的分析限值是6項鄰苯二甲酸酯類的個別要求，並不是這些鄰苯二甲酸酯類在產品中的總和。(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 for accuracy.
source
CPSIA FAQ
