Child Safety Group Opposes OR HB 2367

The Child Safety Task Force, a non-profit advocacy alliance for children’s safety, warns Oregon Legislators against the unintended consequences of passing HB 2367. While this bill is intended to enhance protection of our children against dangerous chemicals, this legislation actually has the potential to increase risk.

We believe that confidence in toy safety can only be attained through accurate scientific assessment and approval from the appropriate regulatory agencies of jurisdiction. We have thus concluded that the best way for states to regulate chemicals in children’s products is through compliance of the Consumer Product Safety Act of 2008 (CPSIA).

This law, which went into effect on February 10, 2009, reinforces the CPSC’s authority to regulate chemicals used in children’s products. Congress promoted consumer safety by rejecting a call for a full ban on six phthalates, and instead, established an interim prohibition on the three high-molecular weight (HMW) phthalates, DINP, DIDP, and DnOP, which have previously been proven safe. A previous CPSC panel on DINP concluded that there were “no demonstrated health risks” from DINP in children’s toys, and that there is “no justification” for banning its use. Scientists for The European Union, National Institutes of Health, and Centers for Disease control have reached similar conclusions about the safety of HMW phthalates.

The CPSIA requires the CPSC to convene a Chronic Hazard Advisory Panel (CHAP) to review the testing of these HMW phthalates and also calls for a review of all alternative plasticizers. The federal approach recognizes the need to protect children from proven hazards and relies on testing to ensure the safety of all plasticizers. The Child Safety Task Force is concerned that an outright state ban on HMW phthalates will replace safe chemicals with untested and potentially harmful substances. None of the currently available alternatives have been tested by a U.S. government agency.

Oregon’s HB2367 includes a ban on these HMW phthalates; however, it does not require additional testing. Not only does this approach ignore science and government testing, but if passed, this law would surely violate the federal statute. Once the federal review is complete, the CHAP’s conclusions will provide the basis for a national standard on phthalate use in toys. This national standard will not only protect children from harmful chemicals, but it will encourage compliance as manufactures will avoid patchwork state-by-state regulations.

For more information about phthalates, and other issues concerning children’s safety, please visit http://www.childsafetytaskforce.org/

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