As of February 10, 2009, children’s toys and child care articles cannot contain more that 0.1% of six phthalates (DEHP, DBP,BBP, DINP, DIDP, and DnOPA) regardless of when they were manufactured. The CPSC said in a press that they will abide by a NY Federal Court decision ruling that the prohibition on phthalates applies to products in inventory.
Under the CPSIA, a “children’s toy” is defined as a product intended for a child 12 years of age or younger for use when playing. The CPSC has stated that it will follow the definition of toy in the ASTM F-963 mandatory toy standard which exempts such things as bikes, playground equipment,musical instruments, and sporting goods (except for their toy counterparts).
The CPSIA also prohibits phthalates in “child care article,” which include products that a child 3 and younger would use for sleeping, feeding, sucking or teething. By way of example, a pacifier/teether would be an item that would help a child with sucking or teething; a sippy cup would facilitate feeding; and a crib mattress would facilitate sleeping.
While the CPSC requires compliance with the law, the agency has stayed testing and certification requirements as outlined in our earlier blog on 2/2/09.
A copy of the CPSC press release can be found here:CPSC Press Release on Phthalates