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LASN Letters October 200810-30-08 | News



Consumer Product Safety Improvement Act of 2008

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The new safety act bans certain phthalates. One of those phthalates, DEHP, is the dominant plasticizer used in polyvinyl chloride (PVC), due to its low cost. PVC, in the form of plastisol, is used to coat the platforms on the majority of commercial playground equipment sold in the U.S. and Canada.
Photo: Freedom Playground, MacFarlane Park, Tampa, courtesy of Hardeman Kempton & Associates


There is a new product safety act in town and companies, and no doubt specifiers, are scrambling to understand its import.

Congress overwhelmingly approved the Consumer Product Safety Improvement Act of 2008 (424 to 1 in the House and 89 to 3 in the Senate), and President Busch signed it into law Aug. 14, 2008. The act becomes effective in Feb. 2009.



By Feb. 2009, it will be unlawful to manufacture or distribute any children?EUR??,,????'?????<



The act?EUR??,,????'?????<

The U.S. Consumer Product Safety Commission (CPSC) is the federal agency that will be in charge of enforcing the legislation.

While we?EUR??,,????'?????<

  • Sec. 101. Children?EUR??,,????'?????<

  • Sec. 102. Mandatory third-party testing for certain children?EUR??,,????'?????<

  • Sec. 103. Tracking labels for children?EUR??,,????'?????<

  • Sec. 104. Standards and consumer registration of durable nursery products.
  • Sec. 105. Labeling requirement for advertising toys and games.
  • Sec. 106. Mandatory toy safety standards.
  • Sec. 107. Study of preventable injuries and deaths in minority children related to consumer products.
  • Sec. 108. Prohibition on sale of certain products containing specified phthalates.

Sec. 101. Children?EUR??,,????'?????<

The new law stipulates that any children?EUR??,,????'?????<

Sec. 102. Mandatory third-party testing for certain children?EUR??,,????'?????<

Not only will manufacturers be required to test each of their own products and certify that they comply with ?EUR??,,????'?????<

Sec. 108. Prohibition on sale of certain products containing specified phthalates:

Phthalates are an issue for playground equipment. Phthalates are esters of phthalic acid used mostly in plastics, particularly PVCs (polyvinyl chloride) to make them softer and more flexible.

California, Washington and Vermont have already passed laws banning phthalates in toys and children’s products. Wal-Mart and Toys R Us (and Babies R Us) are also phasing out all products with phthalates. (The European Union has already banned the use of six phthalates.)

Previous safety regulations have only applied to goods made and distributed after enactment. While some provisions in the new law were written this way, the new rules on lead content and phthalates, manufacturers are concerned, may well apply to old inventory as well. Details like this need resolution.

The Chicago Tribune asked, ?EUR??,,????'?????<

Apart from the specific ban on phthalates enumerated previously, the act requires the CPSC not later that Feb. 2009 to ?EUR??,,????'?????<

No later than six months after completing its examination, the panel will report their results to CPSC, which will promulgate a final ruling on phthalates, whether to continue the prohibition as detailed in the act or to ?EUR??,,????'?????<

CPSC Acting Chairman Nancy Nord said the new product safety legislation ?EUR??,,????'?????<

If you?EUR??,,????'?????<www.govtrack.us/congress/billtext.xpd?bill=h110-4040




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