The Consumer Product Safety Improvement Act of 2008 (CPSIA) directed the U.S. Consumer Product Safety Commission (CPSC) to convene a Chronic Hazard Advisory Panel (CHAP) “to study the effects of all phthalates and phthalate alternatives as used in children’s toys and child care articles.” Specifically, Section 108(b)(2) of the CPSIA requires the CHAP to:
“complete an examination of the full range of phthalates that are used in products for
children and shall—
(i) examine all of the potential health effects (including endocrine disrupting
effects) of the full range of phthalates;
(ii) consider the potential health effects of each of these phthalates both in
isolation and in combination with other phthalates;
(iii) examine the likely levels of children’s, pregnant women’s, and others’
exposure to phthalates, based on a reasonable estimation of normal and
foreseeable use and abuse of such products;
(iv) consider the cumulative effect of total exposure to phthalates, both from
children’s products and from other sources, such as personal care products;
(v) review all relevant data, including the most recent, best-available, peerreviewed, scientific studies of these phthalates and phthalate alternatives that
employ objective data collection practices or employ other objective methods;
(vi) consider the health effects of phthalates not only from ingestion but also as a
result of dermal, hand-to-mouth, or other exposure;
(vii) consider the level at which there is a reasonable certainty of no harm to
children, pregnant women, or other susceptible individuals and their offspring,
considering the best available science, and using sufficient safety factors to
account for uncertainties regarding exposure and susceptibility of children,
pregnant women, and other potentially susceptible individuals; and
(viii) consider possible similar health effects of phthalate alternatives used in
children’s toys and child care articles.
In addition, the CHAP will recommend to the Commission whether any “phthalates (or combinations of phthalates)” other than those permanently banned, including the phthalates covered by the interim ban, or phthalate alternatives should be prohibited.* Based on the CHAP’s recommendations, the Commission must determine whether to continue the interim prohibition of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), and di-n-octyl phthalate (DNOP) “in order to ensure a reasonable certainty of no harm to children, pregnant women, or other susceptible individuals with an adequate margin of safety.”
