August 12, 2009

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CPSC's new policy statement on testing and certification of components as compliant with CPSIA section 108 phthalates restrictions may give makers of toys and children's products some relief. Not only will testing and certification be unneeded of non-plastic parts, some plastic parts might not require it. According to the policy statement:

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Not all plastics … contain phthalates. Certain plastics, such as polyethylene and polypropylene, generally do not require plasticizers. However, surface coatings and adhesives may contain phthalates. In addition, phthalates could be used in some plastics even though they are not required. Phthalates might also be used in some elastomers or synthetic rubbers. Most natural and synthetic fibers and textiles are not expected to contain phthalates, except for PVC and related materials. Printed designs, coatings, surface treatments, and elastic components may contain phthalates.

Examples of materials that may contain phthalates are:

• Polyvinyl chloride (PVC) and related polymers, such as polyvinylidene chloride (PVDC) and polyvinyl acetate (PVA). These materials should always be tested.
• Soft or flexible plastics, except polyolefins.
• Soft or flexible rubber, except silicone rubber and natural latex.
• Foam rubber or foam plastic, such as polyurethane (PU).
• Surface coatings, non-slip coatings, finishes, decals, and printed designs.
• Elastic materials on apparel, such as sleepware.
• Adhesives and sealants.
• Electrical insulation.

Examples of materials that do not normally contain phthalates and, therefore, might not require testing or certification are:

Unfinished metal.

Natural wood, except for coatings and adhesives added to wood.

Textiles made from natural fibers, such as cotton or wool, except for printed decorations, waterproof coatings or other surface treatments, back coatings, and elastic materials (especially sleepwear).

Textiles made from common synthetic fibers, such as polyester, acrylic, and nylon, except for printed decorations, waterproof coatings or other surface treatments, and elastic materials. However, any textiles containing PVC or related polymers must be tested.

Polyethylene and polypropylene (polyolefins).

Silicone rubber and natural latex.

Mineral products such as play sand, glass, and crystal.

The Section 108 phthalates restriction is permanent for three types (DEHP, DBP and BBP) and might be permanent for three others (DINP, DIDP, and DNOP), subject to a review by a CPSC-assembled chronic hazard advisory panel (CHAP). More on the policy statement is in the August 10 Product Safety Letter