Endocrine Insider
August 21, 2008 

The Consumer Product Safety Improvement Act of 2008, a large bill reauthorizing the Consumer Product Safety Commission (CPSC), contains a provision prohibiting the sale of certain products containing phthalates. The provision was not included in the original bill but was added during the legislative process.  Signed into law August 14, the bill permanently prohibits the use of certain phthalates—di-(2-ethyhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP)—in children's toys and child care articles manufactured or sold in the United  States. 

The new law also places an interim prohibition on the use of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP) in certain children's toys and child care articles.  The interim prohibition will be in effect until the final ruling by the CPSC, which will be based on the findings of a specially appointed Chronic Hazard Advisory Panel. The Panel will be charged with examining all available data on phthalates and phthalate alternatives for any potential heath effects; the bill states specifically that the Panel must look for endocrine disrupting effects. At the conclusion of its examination, the Panel will present to the Commission its results and recommendations regarding any phthalates (or combination of phthalates) or phthalate alternatives that the panel determines should be declared banned hazardous material. 

After hearing the final report, the Commission will evaluate the findings and recommendations of the Panel and determine whether to permanently ban children's products containing any phthalates found by the Panel to be hazardous.  The entire process is to take approximately three years.