Toxic Toys Must Be Off Store Shelves on Feb. 10, 2009, Federal Judge Rules

Millions of children’s toys, teethers, bibs, and other products containing harmful chemicals known to cause severe reproductive abnormalities in children must be pulled from store shelves by Tuesday February 10, 2009, in keeping with a Congressional ban on their use, a federal judge has ruled.

U.S. District Judge Paul Gardephe ordered all toys containing toxic phthalates pulled from stores by the date Congress set for its ban to go into effect. The judge effectively sealed a loophole in the ban, which toy manufacturers had said would allow toxic toys made before the deadline to remain in stores past the deadline. Consumer rights groups had challenged the loophole in court.

Phthalates are chemicals used to soften plastics and are commonly found in bath toys, soft books, teethers, bibs, dolls, and plastic figures. The chemicals can be absorbed through the mouth or skin of children and interfere with reproductive hormones.

In the summer of 2008, Congressional leaders passed a measure banning the use of the chemicals in certain types of children’s products and toys. President George W. Bush signed the measure into law on August 14, 2008 and it was set to take effect on Feb. 10, 2009. California had previously banned the chemicals from children’s toys and other products in that state.

Consumer Advocates Challenge CPSC on Loophole

Two nationwide consumer advocacy groups, Public Citizen and the Natural Resources Defense Council, took the Consumer Product Safety Commission to court over a loophole in the ban.

The ban was interpreted by makers of toys and children’s products as saying only products made after the deadline had to comply with the new rules against phthalates. According to consumer groups, that would have meant shoppers would have no idea after next week which products did and did not contain the toxic chemicals.

Toy makers complained they would have to pull tens of millions of dollars’ worth of new toys and other banned items from stores if the new law was interpreted to include all items.

But in deciding the issue, the judge sided with consumers and noted that the new law banning phthalates “provides unequivocally and unambiguously that no covered products may be sold as of Feb. 10, 2009,” even those items currently in stores.

Other Uses of Phthalates

Phthalates also play a role in the manufacturing of PVC, a toxic chemical used in countless household products and construction materials. Plastic pipes, electrical wiring insulation, and shower curtains are among the items that may contain PVC. Exposure to PVC has been tied to a deadly, aggressive form of liver cancer, called angiosarcoma.

Another toxic material, Bisphenol A, is a controversial plastic additive used to make some baby bottles and other clear, hard plastics more shatterproof. BPA, as it is commonly called, is not covered by the new ban on phthalates and products containing the material can remain in circulation past Feb. 10, 2009.

BPA, which has been deemed safe by the Food and Drug Administration when used at currently approved levels, has been linked to permanent development disorders in children exposed to high doses of the chemical.

Safe Alternatives are Available

The toy industry claims that making phthalate-free products will be more costly and that the ban on the chemicals should only cover products made after the deadline are troubling. For one, the chemicals already have been banned from similar products in countries around the world, so there are plenty of phthalate-free products available for toy companies to choose from. Why should European children have phthalate-free toys and not children in the United States?

Judge Gardephe should be applauded for stiff-arming the children’s toys industry, slamming shut the loop hole in the ban, and protecting millions of American children.

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