| U.S. Consumer Product Safety Improvement Act - Phthalate Ester Q&A Compilation (II) NO.3/2009 |
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How to determine if a product is a children's toy that complies with phthalate limits?
Chapter 108 restricts the content of phthalates in children's toys and childcare products. Children's toys are consumer products manufactured specifically for use by children under 12 years of age. Determining whether a particular product is specifically designed for use by children under 12 years of age is based on a case-by-case consideration of the following factors:
 | The manufacturer's statement of intended use for the product, included on the label on the product. |
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| Whether the packaging, display, promotion, or advertising is presented to users of a specific age group. |
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| Consumers widely perceive it as a product for children of a specific age group. |
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| Age Decision Guide issued by the Committee members in 2002, and any subsequent revisions to this guide. |
Manufacturers must provide the above requirements, and then the committee will consider whether the product is intended for play or use by children to determine if it meets the definition of a children's toy. Whether a product is intended for play or use by children is the most fundamental consideration in the determination process. During the transition period, the committee plans to use the ASTM F963-07 toy standard as a guide.
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| How can I determine if a product is a child care product that meets the limits for phthalates? |
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Childcare products are consumer products manufactured specifically to help children under 3 years old fall asleep, eat, breastfeed, or teethe. For example, rubber pacifiers/teething rings help with teething, bibs help with feeding, and cribs, along with pajamas and sheets, help babies fall asleep.
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| How can you determine if a toy is safe for a child to put in their mouth? |
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The law temporarily prohibits the use of DINP, DIDP, or DnOP at concentrations exceeding 0.1% in childcare and personal care products intended for placement in a child's mouth. Regarding whether a toy can be placed in a child's mouth, the following definition applies: a toy can be placed in a child's mouth if any part of the toy can be brought to the child's mouth for sucking or chewing. If a toy can only be licked or sucked, it is considered unsuitable for placement in the mouth. Specifically, if any part of the toy or its components is less than 5 cm in length, width, or height, it is considered suitable for placement in a child's mouth.
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| Does the product packaging need to comply with the phthalate ban? Is there a difference in enforcement between disposable (e.g., plastic bags and bubble wrap) and reusable (e.g., reusable zippered plastic bags used to store a set of building blocks) packaging? |
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The CPSIA defines children's toys as consumer products intended for use as play by children under the age of 12. The packaging is generally not designed for children's play, and most packaging is discarded and not used with children's toys or childcare products. If the packaging is designed for reuse or for use with children's toys or childcare products, such as reusable plastic bags for storing building blocks, it must comply with phthalate bans.
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| If a cosmetic material is used in a toy, will it be considered part of the toy and therefore subject to the phthalate ban? |
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Yes. If cosmetic materials are included in the toy group, they must comply with the phthalate ban law. However, cosmetic materials not packaged with toys are not subject to Chapter 108 regulations, but fall under the food and drug regulations.
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| Can manufacturers use unregulated phthalates or alternative plasticizers in children's toys or childcare products? |
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The CPSIA has permanently banned DEHP, DBP, and BBP, and temporarily banned DINP, DIDP, and DnOP. However, phthalates not listed in the regulations, or alternative plasticizers not among the banned phthalates, can be used in children's toys or childcare products. Before final regulations are issued, the temporarily banned DINP, DIDP, and DnOP will be evaluated, as will the potential health effects of various other phthalates and phthalate alternatives. Manufacturers remain responsible for ensuring that children's products are free of hazardous substances under the Federal Hazardous Substances Act (FHSA). Manufacturers are obligated to ensure that any alternative plasticizers have been adequately tested to guarantee that there is no risk of injury from using the product under normal use or potential misuse. Dangerous or hazardous children's products are automatically prohibited.
The above translation is for reference only; please refer to the original text for accuracy.
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CPSIA FAQ
