Federal Judge Grants NRDC Request, Finds Phthalate Ban Applies Retroactively to Inventory Just Like Lead Content Limit

A federal judge just held that the phthalate prohibitions of Section 108 of the CPSIA unambiguously apply to existing inventory, and that the General Counsel Opinion Letter issued by the CPSC on November 17, 2008 to the contrary must be set aside.

United States District Court Judge Paul Gardephe of the Southern District of New York granted the Natural Resources Defense Council’s motion for summary judgment, denied the CPSC’s cross-motion for summary judgment, declared that the CPSC has violated the CPSIA and the Administrative Procedures Act and set aside the November 17, 2008 General Counsel decision.

See the court decision here:NRDC Court Decision

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