New Requirements in Effect; Federal and California Limits on Phthalates

In 2008, Congress enacted the Consumer Product Safety Improvement Act (CPSIA), which sets more stringent safety standards for consumer products and establishes certain testing, labeling, and certification requirements. The CPSIA includes requirements on the phthalate content of children's toys and child care articles sold or distributed in commerce. These requirements went into effect on February 10, 2009. Companies doing business in California additionally face restrictions on the concentration of phthalates in consumer products under (1) California Assembly Bill 1108, which applies to toys and child care articles and (2) California Proposition 65 (Prop 65), which applies to any consumer product, regardless of whether it is intended for children or adults.

This update provides a summary of these requirements and recent enforcement-related developments.