Guidance on scope of Section 108 of the Consumer Product Safety Improvement Act of 2008

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Courtesy of Bergeson & Campbell, P.C.

On February 12, 2009, the US Consumer Product Safety Commission (CPSC) issued draft guidance regarding which children’s products are subject to the requirements of Section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA). Section 108 prohibits the sale of any children’s toy or child care article containing more than 0.1 percent of di-(2-ethylhexyl) phthalate, dibutyl phthalate, and benzyl butyl phthalate, and also prohibits on an interim basis “toys that can be placed in a child’s mouth” or “child care articles” containing more than 0.1 percent of diisononyl phthalate, diisodecyl phthalate, and di-n-octyl phthalate. The prohibitions became effective on February 10, 2009. According to CPSC, the draft guidance is “intended to help manufacturers, importers, retailers and consumers determine what products are covered by the phthalate limits.” CPSC states that, until the draft guidance is issued in final, “CPSC intends, given its limited resources, to focus its enforcement efforts on the products most likely to pose a risk of phthalate exposure to children,” specifically, “bath toys and other small, plastic toys (especially those made of polyvinyl chloride) that are intended for young children and can be put in the mouth.” Comments on the draft guidance are due 30 days after the draft guidance is published in the Federal Register.

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