August 15, 2014

Phthalates Panel Recommends Additional CPSC Restrictions

Editor’s Note: Regulatory agencies are legally bound to adhere to OMB’s peer review requirements. See here for more information.

From: The National Law Review

Alexandra M. (‘Andie’) Wyatt Paul E. Hagen Mark N. Duvall/Beveridge & Diamond PC

Over the next several months, the U.S. Consumer Product Safety Commission (CPSC) will be reviewing the report and recommendations of an agency advisory panel regarding risks of phthalates in children’s products. If implemented by CPSC through rulemaking, the recommendations of the long-delayed report would restrict phthalates more stringently.  


On the basis of toxicity concerns primarily regarding potential endocrine disruption, section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA)[1] requires the CPSC to convene a Chronic Hazard Advisory Panel (CHAP) to study the effects on children’s health of all phthalates and phthalate alternatives as used in children’s toys and child care articles.[2] A “children’s toy” is defined as a consumer product intended for children 12 years old or younger for use when playing; a “child care article” is a consumer product intended for children 3 years old or younger to facilitate sleeping or feeding, or to help a child who is sucking or teething.


The CHAP report was criticized by the American Chemistry Council, which objected to its closed-door peer review and argued that CPSC did not follow several steps outlined in OMB guidelines for the integrity of the independent review process.[5] On the other hand, the CHAP report has been hailed by other groups such as Safer Chemicals, Healthy Families.[6]

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