New Rules: Phthalates, Lead Ban Exemptions and Prosecution for Violators

The number of rulings and interpretations that have been handed down from the CPSC over the last few days is enough to make anyone’s head spin.  For manufacturers and retailers who must understand and comply with these rules, many of which go into effect in just two days on Tuesday, February 10th, the confusion has become overwhelming.  Key issues around which rulings have been recently updated include:

Phthalates in Children’s Products – Ban Applies to Current Inventory:

02/05/09:  A court ruling determined that the CPSC’s earlier guidance with regard to phthalates is incorrect; current inventory that violates the phthalates ban cannot be sold, manufactured, imported or distributed on or after February 10, 2009.  

The CPSC had previously said that items affected by the phthalates ban could be sold as long as they were manufactured and imported before February 10, 2009.

Children’s Electronics – Ruling on Components Exempt from Lead Ban:

02/05/09: In order to issue exemptions on certain electronics and component parts of electronics intended for children before the lead ban goes into effect on February 10, 2009, the Commission withdrew its proposed ruling and issued an interim final ruling with regard to the exemptions.  The interim final ruling is largely similar to the proposed ruling, except that it spells out the uses of lead that will be exempted.  More information on the electronic device exemptions here.

While the Commission is not required to conduct a comment period for exemptions, it has stated that it will review comments for thirty days, at which time it will finalize the rule.  As before, comments can be sent via email to: Sec101ElectronicDevices@cpsc.gov.
http://cpsc.gov/library/foia/foia09/brief/leadwithdrawal.pdf

Additional Proposed Lead Exemptions for Certain Children’s Books and Textiles:

02/05/09: The Commission has added two classes of products to the list of proposed products or materials to be exempted from the lead ban: 1) Regular books printed after 1985, and 2) dyed or undyed fabrics, provided that they have not undergone processes that may impart lead and they do not have added parts, such as decorations or fasteners that could contain lead. 
http://cpsc.gov/library/foia/foia09/brief/101lead.pdf

Violation of Lead Bans – Limits on Prosecution:

02/05/09: The CPSC issued a statement clarifying that any person who has, in good faith, relied on the Commission’s proposed and interim rulings until final rulings can be made, will not be prosecuted for violation of the lead limits unless 1) the person had actuall knowledge that the product violated the lead limits OR 2) the person was put on notice to stop manufacturing, importing, distributing, or selling the product but did not do so.

Any manufacturer, importer, distributor or retailer who gains knowledge that a product or material contains lead in violation of the lead limits is still required to report the finding(s) to the CPSC.  The Commission may require a product to be recalled regardless of whether or not the person(s) involved will be prosecuted.
http://cpsc.gov/library/foia/foia09/brief/101lead.pdf

Disclaimer:  Rules are changing daily.  While I follow consumer product safety issues closely and do my best to update posts accordingly, I cannot guarantee that this blog will reflect the most recent happenings.  Readers are reminded that content on this site is not to be considered legal advice and is offered for information purposes only, and that the terms and conditions of this site apply.