Congress Clashes with CPSC over Chemical Ban in Toys

In August, in the wake of a series of highly publicized crises over imported toys containing illegally high amounts of lead and other banned substances, Congress passed legislation raising safety standards for toys and banning several hormone-like substances called phthalates in products for kids under 12.

Congressional supporters of the new law want toys containing the controversial chemicals off the shelves when the statute goes into effect on February 10, according to a statement by Sen. Dianne Feinstein, D-Calif.

But recently, Consumer Product Safety Commission General Counsel Cheryl Falvey released a legal opinion stating that stores may continue to sell toys with phthalates, as long as those items were manufactured prior to February 10. Falvey said that the lawmaker’s intention on this question was ambiguous.

In a letter sent to the CPSC days shortly after the legal opinion was released, Feinstein and three members of the House of Representatives urged Falvey to reverse her decision. The opinion means that toys with phthalates could stay in stores for years, with no way for consumers to know which toys contain the chemicals, Feinstein stated.

Lawmakers are worried about the effect of phthalates on the developing hormone systems of children. For instance, a recent study found that boys born to mothers with high phthalate levels were more likely to have undescended testicles and small penises. Phthalates are present in myriad consumer products ranging from rubber ducks to shower curtains.

Sen. Barbara Boxer, D-Calif., also wrote a letter to the CSPC. Falvey’s interpretation of the safety bill “is harmful to our children and a blatant disregard for the law,” Boxer said in a statement. “Ms. Falvey’s claim that our intent was not clear is a pathetic and transparent attempt to avoid enforcing this law. It is beyond me that as they exit the scene, this administration is still carrying out its malicious actions to weaken environmental protection for our families.”

CPSC spokeswoman Julie Vallese said her agency is committed to protecting children from dangerous chemicals. But she said the agency has to enforce the statute as written and new safety standards have never applied to products made before the standards go into effect. “The authors of the legislation should have done their homework,” Vallese said in a statement. Noting that Falvey is a career government employee, not a political appointee, Vallese added, “Senator Boxer should know better than to attack the hard work and dedication of career employees.”