Parker Waichman LLP

CPSC Says Phthalate Ban Doesn’t Apply to All Toys

Which Toys Are Under Phthalate Ban And Which Are Not. USA Today is confirming what many have long suspected — that despite the recent consumer protection act banning phthalates in toys effective February 10, the ban does not apply to those toys manufactured prior to the effective date.  The law was passed over the summer. This […]

Phthalate Ban

Which Toys Are Under Phthalate Ban And Which Are Not. USA Today is confirming what many have long suspected — that despite the recent consumer protection act banning phthalates in toys effective February 10, the ban does not apply to those toys manufactured prior to the effective date.  The law was passed over the summer.

This means that toys with dangerous and hormone-mimicking chemicals can continue to be sold.  This is  according to a letter written this week by the Consumer Product Safety Commission’s (CPSC) general counsel, Cheryl Falvey, in which she states that the new law does not contain, “a clear statement of ambiguous intent,” reports USA Today.

While the new law bans the use of certain phthalates in toys and products made for children under 12 years of age, toys produced before the ban’s effective date will remain on the market and—until the ban becomes effective—retailers and manufacturers can continue to rid themselves of their dangerous inventory, reports USA Today.  Worse, according to the newspaper, no one is under any legal obligation to label which products do and do not meet the standards mandated in the new law.  Toys  and other products – including teething rings and pacifiers –  can be sold  to consumers without any mention that they contain phthalates.

Manufacturers Take Advantage

According to USA Today, Representative Janice Schakowsky, Democrat-Illinois, said retailers and manufacturers are taking advantage of a loophole in the legislation.  The article quoted Schakowsy as saying that the CPSC “is willfully ignoring the Congressional intent, which is to protect children from toxic chemicals.”

Schakowsky voiced concerns about  “fire sales in toy stores across the country” as retailers sell such toys at attractive, reduced prices during a holiday season that comes in the midst of a challenging, economic downturn, USA Today said.

The Washington Post also reports that federal safety regulators confirmed that the ban won’t effect children’s products and toys that are in stores and warehouses, although it will be illegal to sell such products manufactured after the ban date becomes effective.  But, of major concern, notes The Washington Post, is that those dangerous products made before February 10 will be legal to sell after February 10.

The phthalate ban is expected “to remain in effect until a panel” completes its “scientific review of phthalates,” said The Washington Post.

Need Legal Help Regarding Phthalate Ban?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Great law office super nice staff. Thank you Jorge you helped me a lot
Cecilia Ortiz
4 years ago
5 Star Reviews 150
I have dealt with Parker Waichman twice and each time I received excellent services!
Dianne Solomon
6 years ago
5 Star Reviews 150
Gerard Ryan has been there with me from day 1. HE has helped me in every way.
Gerard Swanson
7 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038