Following four years of investigation by a CPSC-appointed Chronic Hazard Advisory Panel (CHAP) comprised of seven independent scientists, the CHAP Final Report was released on July 18, 2014.

The report makes recommendations to the CPSC regarding: 1) any phthalates (or combinations of phthalates), regardless of whether or not they have been identified in the Consumer Product Safety Improvement Act (CPSIA) of 2008; and 2) phthalate alternatives that the panel determines should be declared hazardous substances and banned.

Under Section 108 of the CPSIA, there are currently permanent bans on three types of phthalates (DEHP, DBP and BBP) in toys and certain child care articles, and interim bans on three additional phthalates (DINP, DIDP and DnOP) in mouthable components of these products. 

The CHAP Report recommends lifting the interim bans on DnOP and DIDP (which are not typically used in toys and children’s products) and permanently banning DINP. The decision on DINP is presumably largely based on the fact that it is already subject to an interim ban in the U.S., rather than any underlying science. The report also recommends that four additional phthalates (DIBP, DPenP, DHexP and DCHP) be permanently banned from use in children’s toys and child care articles at levels greater than 0.1%. 

Several non-phthalate plasticizers commonly used in toys (including DOTP/DEHTP/Eastman 168, DINX/DINCH, DEHA, TXIB/TPIB and ATBC) were also evaluated by the CHAP; the panel recommended no action by CPSC on these substances at this time. 

The CPSC has 180 days from the release of the CHAP Report to evaluate the findings and promulgate a rule based on the report. Assuming that the Commission follows the CHAP recommendations, the Toy Industry Association (TIA) believes that the rule will likely have limited practical effects on TIA members, as many of the phthalates deemed unsuitable for use by the CHAP are not widely used in toys and/or remain restricted in other jurisdictions, such as the EU.

TIA is currently conducting a thorough review and analysis of the CHAP’s findings; detailed information on the report will be communicated to members in the coming days. Questions regarding TIA’s initial review of the report may be directed to Al Kaufman, TIA senior vice president of technical affairs (646.520.4868).