Court Reverses CPSC Interpretation on Phthalates in Children’s Products – Ban Applies to Current Inventory

Previously, the CPSC General Counsel advised that, based on
its interpretation of the CPSIA, the banned phthalates only applied to
designated products manufactured or imported on or after February 10, 2009, but
that any products already produced and in the US could still be sold. In a recent suit filed against the CPSC claiming that this interpretation of the CPSIA is
incorrect, the court ruled in favor of plaintiffs stating that “the phthalate prohibitions
unambiguously apply to existing inventory.”

As it stands now (as
of 02/05/09), it will be illegal to sell,
as well as manufacture and import, any
of the designated children’s products which include the banned phthalates on or
after February 10, 2009. More information on the phthalates ban can be found here.