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CPSC Publishes Notice of Proposed Rulemaking on Phthalates in Children’s Products

On December 30, 2014, the Consumer Product Safety Commission published a Notice of Proposed Rulemaking prohibiting the manufacture for sale, offer for sale or importation into the United States any children’s toy that can be placed into a child’s mouth or child care article containing the following phthalates at more than 0.1 percent:  diisobutyl phthalate (DIBP), di-n-pentyl phthalate (DPENP), di-n-hexyl phthalate (DHEXP) and dicyclohexyl phthalate (DCHP).  CPSC also is proposing to broaden the existing interim prohibition on diisononyl phthalate (DINP) to all children’s toys and child care articles, regardless of whether the product may be placed in a child’s mouth.  Finally, the proposed rule would lift the current interim restrictions on di-n-octyl phthalate (DNOP) and diisodecyl phthalate (DIDP) in children’s toys and child care articles. Comments on the proposed rule must be received by March 16, 2015.

The CPSC published this Notice of Proposed Rulemaking after reviewing the report of the Chronic Hazard Advisory Panel (CHAP), a panel of seven independent scientists appointed by CPSC from a list of nominees identified by the president of the National Academy of Sciences.  The CHAP commenced its own review of various phthalates in 2010, holding numerous public meetings at which experts discussed scientific findings and members of the public testified. Significantly, in promulgating this proposed rule the CPSC relied heavily on the CHAP’s assessment of cumulative risk resulting from exposure to phthalates, rather than the risk of exposure from the individual phthalates.

Ms. Grimaldi maintains a diverse environmental law practice focusing on chemical and product regulation and litigation defense. Her practice areas include Proposition 65, California's Safer Consumer Products Regulations, California's Rigid Plastic Packaging Container Act and the federal Toxic Substances Control Act. Ms. Grimaldi graduated from the University of California Hastings College of the Law magna cum laude and holds a Bachelor of Science Degree in Bacteriology from University of California, Davis. Prior to attending law school, she worked as a research assistant in laboratories at the University of California, San Francisco Cancer Research Institute and at the University of California, San Francisco School of Medicine.