The U.S. Consumer Product Safety Commission issued a one year “Stay on Enforcement” for the submission of “Testing and Certification” of compliance with the new lead and phthalates laws. The CPSC said it would not require Testing and Certification on products until Feb. 10, 2010. The new law was set to take effect Feb. 10th. At the same time, however, the products must still be “safe,” as per the Act's requirements, starting on Feb. 10, 2009.
On Nov. 17, 2008, the CPSC issued an advisory opinion stating that the phthalate limits in Section 108 of the Consumer Product Safety Improvement Act (CPSIA) do not apply to products manufactured prior to Feb. 10, 2009, and therefore the ban would not be applied retroactively. However, the CPSC's interpretation of the phthalate prohibitions received immediate criticism from members of Congress, state Attorney Generals and environmental & consumer advocacy groups.
The United States District Court for the Southern District of New York has unequivocally reversed the Consumer Product Safety Commission's (CPSC) opinion regarding the non-retroactive application of the phthalate ban. According to the SGMA, the court ruled that the Phthalate provisions clearly apply to existing inventory and the Commission's opinion to the contrary must be set aside. As of Tuesday, Feb. 10, 2009, all non-compliant toys and child care articles must be removed from store shelves and inventory, and destroyed.
