The Governor of California has signed into law the first state ban on the use of certain phthalates in toys & child-care products for children under 3. The prohibition, which will start 1 Jan 09, is broader than similar laws in San Francisco & the EU. The California bill is aimed at a variety of children's products, including soft baby books, soft rattles, plastic bath ducks & teething rings. The ban is significant not only because California represents nearly 30% of the N American toy market, but because it could trigger other states & communities to consider similar bans. Proposed bans in Washington & Oregon were unsuccessful in 2007. "There is enough of a movement for there to be a significant step next year," said Dan Jacobson, legislative director for the Los Angeles-based environmental advocacy group, Environment California. The California law applies to all toys & child-care products for children under age 3. "So how big can that monster get?" said Stanley, suggesting that even backpacks could technically fall under the scope of the California law. "The decision surprises & disappoints me because [Schwarzenegger] has deviated from his own agenda on this," Stanley said. Schwarzenegger signed the bill into law on 14 October. In a written statement, he said that while he believed the circumstances "warrant taking action now, I do not believe that addressing this type of concern in the legislature on a chemical-by-chemical, product-by-product basis is the best or most effective way to make chemical policy in California." In addition, he urged state lawmakers to support his administration's Green Industry Initiative - a process the California Environmental Protection Agency began in May in an effort to take a comprehensive approach to evaluating the health effects of chemicals. Given the governor's view, the New York-based Toy Industry Association said it regrets the decision of the governor to sign the bill into law. "We believe this bill represents an unscientific resolution to a political issue," the group said in a statement. Phthalates are plasticizers used to soften the PVC used to make such products. Most of the six phthalates the California bill bans are not used in toys, according to TIA, with the exception of diisononyl phthalate, or DINP, which TIA said is used specifically because of the safety it imparts to toys. Some lab animal studies have shown some phthalates interfere with hormonal systems, disrupt testosterone production and cause malformed sex organs. However, a 2003 study by the US Consumer Product Safety Commission concluded few children are at risk from phthalates because the amount they ingest does not reach a level that would be harmful. San Francisco's ban is scheduled to go into effect in April 2009, but it is being challenged in the Superior Court of San Francisco by ACC and three other trade associations. ยจ EPN's Plasticisers 2008 conference, which takes place on 29-30 January 2008 in Brussels, Belgium, provides an opportunity to update on the global regulatory position surrounding phthalates and to establish the current position on new alternatives available to the PVC industry. More information from chsmith@crain.com
