USA【Consumer Product Safety Improvement Act】– Collection of questions and answers about phthalates
1. How to determine whether the product is a children's toy that meets the phthalate limits?
Chapter 108 limits the content of phthalates in children's toys and child care products. Children's toys are consumer products produced by manufacturers specifically for children under the age of 12 to play with. To determine whether a specific product is specifically designed for children under 12 years of age to play, the following factors will be considered and handled on a case-by-case basis:
n Manufacturer's statement of intended use of the product, including labels on the product.
n Whether packaging, display, promotion, or advertising is presented to users of a specific age group.
n Consumers widely believe that products are for children of a specific age group.
n The Age Decision Guide issued by committee members in 2002, and any subsequent revisions to this guide.
The manufacturer must provide the above requirements and then consider whether the product is intended for children to play with and use to determine whether the product meets the definition of a children's toy. Whether a product can be played and used by children is the most basic point of view in the judgment process. During the transition period, the committee will plan to use the ASTM F963-07 toy standard as a guide.
2. How to determine whether the product is a child care product that meets the phthalate limits?
Child care products are consumer products produced by manufacturers specifically to help children under 3 years old sleep, eat, breastfeed, or teeth. For example, rubber pacifiers/teeth retainers are products to assist teething, bibs can assist with eating, and cribs, pajamas and sheets are used to help babies sleep.
3. How to determine whether the toy can be placed in a child's mouth?
The law temporarily prohibits children's products and care products that contain DINP, DIDP or DnOP in concentrations exceeding 0.1% that can be put into children's mouths. As for whether a toy can be placed in a child's mouth, there is the following definition: A toy can be placed in a child's mouth, which means that any part of the toy can be brought to the child's mouth and placed in the mouth for sucking or chewing. If the toy can only be used for sticking and licking, it is considered not to be placed in the mouth. By definition, as long as any length, width, or height of the toy itself or its parts is less than 5 centimeters, it is considered to be placed in a child's mouth.
4. Does product packaging need to comply with the ban on phthalates? Is there any difference in implementation whether the packaging is disposable (for example: plastic bags and bubble wrap) or reusable (for example: a plastic bag with a zipper that is used to store the entire set of building blocks and can be reused)?
CPSIA defines children's toys as consumer products intended for children under 12 years of age to play with. Packaging is generally not designed for children to play with, and most packaging is discarded and is not used with children's toys or child care products. If the packaging is designed to be reused or used together with children's toys or child care products, such as reusable plastic bags used to store building blocks, it needs to comply with the phthalate ban law.
5. If a cosmetic material is used in a toy, is it considered part of the toy and therefore subject to the ban on phthalates?
Yes. If cosmetic materials are included in the toy set, they must comply with the requirements of the phthalate ban law. However, general cosmetic materials that are not packaged with toys are not subject to Chapter 108, but are within the scope of food and drug control.
6. Can manufacturers use unregulated phthalates or alternative plasticizers in children's toys or child care products?
CPSIA has permanently banned DEHP, DBP, and BBP, and temporarily banned the use of DINP, DIDP, and DnOP. However, non-regulated phthalates or alternative plasticizers other than the above banned phthalates can be used in children's toys or child care products. Before the final rule is promulgated, the temporarily banned DINP, DIDP, and DnOP will be evaluated, as well as the possible health effects of various other phthalates and phthalate substitutes.
Manufacturers still have the responsibility to ensure that children's products do not contain harmful substances as required by the Federal Hazardous Substances Act (FHSA). The manufacturer is of course obliged to ensure that any alternative plasticizer has been adequately tested to ensure that there is no risk of injury during normal use or possible misuse. Children's products that are dangerous or contain harmful substances are automatically banned.
– Reference source: SGS Comprehensive Chemistry Laboratory e-newsletter 2009-02-16
