The United States District Court for the Southern District of New York expressed an opinion against the CPSC position (published on the CPSC website but with no legal value) concerning phthalates restrictions in toys and childcare articles. According to the Commission’s position, the ban of phthalates was to be intended as a ban to import (or, if in US territory, to production) and not as a ban to shelves.

The Court rejected the opinion of CPSC and clarified that the ban is a BAN TO SHELVES, as clearly indicated in the CPSIA of 2008.

From February 10, 2009 on, ban to shelves of toys and childcare articles (including bibs and pyjamas) containing phthalates will come into force as follows:

• DEHP, DBP and BBP - permanently banned from all toys and childcare articles,
• DINP, DIDP and DNOP - temporarily banned from all childcare articles and toys which can "be placed in the mouth."

In California the ban of PHTHALATES has been in force since January 1st, 2009 and that Proposition 65 requires a specific labelling concerning the use of an additional phthalate (DnHP).

On February 10, 2009, CPSC approved the publication of the "Section 101 Electronic Devices Interim Rule” concerning exemption of lead limitations in accessible parts (section 101 – CPSIA of 2008) for certain electronic devices.

According to this ad interim rule, ABUSE TESTS WILL BE NECESSARY IN ORDER TO DEFINE THE ACCESSIBILITY OF PARTS AND TO ENSURE THAT THESE PARTS DO NOT CONTAIN LEAD BEYOND THE LIMIT.

In the next few weeks, CPSC will publish:

• the list of materials not included in the requirement of lead content in accessible parts (600 ppm since February 12, 2009, 300 ppm to August 14, 2009);
• a Regulation which will define the “accessible part” notion.

Contact us for more information.