CPSC Posts Reports on Toxicity of Phthalates, Alternatives

Panel Studying Effect of Phthalates/Alternatives, May Suggest Further Bans

In addition to establishing permanent and interim bans¹ of certain phthalates in children’s toys and child care articles, the Consumer Product Safety Improvement Act of 2008 (CPSIA) required the establishment of a CHAP to study the effects on children’s health, as well as the effects on pregnant women and other susceptible individuals, of all phthalates and phthalate alternatives.

Within two years of its appointment, the panel must recommend to CPSC whether any phthalates or phthalate alternatives other than those permanently banned should be declared banned hazardous substances.

CPSC to Decide Whether to Continue Interim Ban, Ban All Phthalates

Six months after receiving the CHAP’s recommendations, CPSC must:

• determine whether to continue the CPSIA interim phthalate ban (on DIDP, DINP, and DnOP) in order to ensure a reasonable certainty of no harm to children, pregnant women, or other susceptible individuals with an adequate margin of safety;
• evaluate the findings and recommendations of the panel and if CPSC determines it necessary to protect the health of children, declare any children’s product containing any phthalates to be a banned hazardous product.

Use of Phthalate Alternatives is Substantial

In one of the CPSC staff reports on phthalates and phthalate substitutes, CPSC states that its analysis of 63 children’s toys and child care articles showed a substantial use of phthalate alternatives, notably acetyl tributyl citrate (ATBC), di-(2-ethylhexyl) terephthalate (DOTP), 1,2-cyclohexanedicarboxylic acid, di-isononyl ester (DINCH) and 2,2,4-trimethyl-1,3 pentanediol diisobutyrate (TXIB). In fact, only 2 of the 63 items analyzed contained phthalates.

CPSC Staff Reports

CPSC provided the CHAP with the following reports to help in its analysis:

• Overview of Phthalates Toxicity
• Toxicity Review for Benzylnbutyl Phthalate (Benzyl Butyl Phthalate or BBP)
• Toxicity Review for Di-n-butyl Phthalate (Dibutyl Phthalate or DBP)
• Toxicity Review for Di(2-ethylhexyl) Phthalate (DEHP)
• Toxicity Review for Diisodecyl Phthalate (DIDP)
• Toxicity Review for Diisononyl Phthalate (DINP)
• Toxicity Review for Di-n-octyl Phthalate (DNOP)
• Phthalates and Phthalate Substitutes in Childrens' Toys - Laboratory Study

¹The CPSIA imposed both permanent and interim bans on certain phthalates in specified children’s products beginning February 10, 2009 as follows: (1) children’s toys or child care articles containing more than 0.1% of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP), or di-(2-ethylhexyl) phthalate (DEHP) were permanently prohibited; and (2) children’s toys that can be placed in a child’s mouth or child care articles containing more than 0.1% of diisodecyl phthalate (DIDP), diisononyl phthalate (DINP), or di-n-octyl phthalate (DnOP) were prohibited, on an interim basis until the CPSC determines whether to continue the ban.

Children’s toy - a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays.

Child care article - a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.

A toy is considered a toy that can be placed in a child’s mouth if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the children’s product can only be licked, it is not regarded as able to be placed in the mouth. If a toy or part of a toy in one dimension is smaller than 5 centimeters, it can be placed in the mouth.

[See ITT’s Online Archives or 03/12/09 news, (Ref: 09031205), for BP summary of CPSC requesting scientists for the CHAP panel.]

Webcast, staff presentations, and staff reports from the CHAP’s April 14-15, 2010 meeting, available at http://www.cpsc.gov/about/cpsia/chap0410.html