The House and Senate have approved legislation that would ban the use of lead, as well as six forms of phthalates, in toys and children’s products. The “Consumer Product Safety Improvement Act of 2008” is being regarded as the first major consumer product safety legislation passed by Congress in more than a decade.


 

“This is a landmark bill in terms of product safety and regulation of consumer products, which generally include sporting goods,” says Tom Cove, president and CEO of Sporting Goods Manufacturers Association (SGMA). “Overall, our guidance to the industry is that this is a very important bill that everybody should be paying attention to.”

 

Concerning phthalates-which are chemicals mainly used as plasticizers in most synthetic leathers and plastics-the legislation contains an interim ban on children’s toys that can be placed in the mouth, and child care articles containing more that 0.1 percent of any of three types of phthalates. It also places a permanent ban on any children’s toy or childcare article containing more than 0.1 percent of these phthalates. Likewise, after three years, the Consumer Product Safety Commission can make the interim ban permanent and expand it to any children’s products containing phthalates.

 

Limitations for lead will also drop following the legislation. Effective after 180 days following enactment, the limit for lead will drop to 600 parts per million; the limit will drop to 300 ppm after one year, and 100 ppm after three years unless the CPSC determines the 100 ppm standard is not technologically feasible. Furthermore, the legislation includes more stringent third-party testing and recall procedures, as well as significant hikes in civil and criminal penalties.

 

Cove notes that the legislation will likely result in a “cost event” that will prompt manufacturers to pay close attention to the new requirements which would lead to product changes that could significantly raise costs. 
 

“Our message to the industry is that [this legislation] is really important. People should understand the nuances of what has changed,” Cove says. “You need to understand the product, and then you can figure out whether the law applies to you.”