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Tuesday, February 26, 2008

Toys "R" Us Announces Lead, Phthalate Standards

Toys "R" Us has announced plans to enforce a voluntary standard for lead in toys tighter than the mandatory federal standard. According to the retailer's press release, "We have instructed all manufacturers who produce items for Toys "R" Us, Inc. that products shipped to the company on or after March 1, 2008 must comply with strict new standards, which include…applying a more stringent standard of 90 ppm for lead in surface coatings versus the current federal standard of 600 ppm for all products manufactured exclusively for Toys "R" Us, Inc."

While reducing lead in toys is a no-brainer, Toys "R" Us should receive extra commendation for also moving to ban phthalates in toys. As BNA news service reported this morning, Toys "R" Us plans to require all products sold in their stores to be phthalate-free by the end of 2008.

Studies have shown phthalate exposure to cause developmental abnormalities, particularly in fetuses and infants. The European Union and the state of California have announced restrictions on the presence of phthalates in children's products.

Congress has been working toward a new federal standard for lead in the substance of toys that, over time, would be tighter than the Toys "R" Us voluntary standard. In legislation that would expand the budget and authority of the Consumer Product Safety Commission (CPSC), would require CPSC to set a standard of "100 parts per million total lead content by weight for any part of the product, effective 4 years after the date of enactment of this Act, unless the Commission determines, after notice and a hearing, that a standard of 100 parts per million is not feasible, in which case the Commission shall require the lowest amount of lead that the Commission determines is feasible to achieve." (H.R. 4040 § 101(a)(2)(C) )

A version of the bill moving through the Senate, which the chamber may debate in the coming days, would make the 100 ppm standard effective 3 years after enactment. Both bills would set a lead standard of 90 ppm for the paint on toys.

Congressional action is needed, as President Bush continues to block CPSC from doing its job. One of CPSC's three commissioners resigned in 2006. Under the Consumer Product Safety Act, CPSC can continue to conduct formal business with two commissioners for six months. That quorum expired in January 2007, but in August Congress passed legislation extending the quorum another six months.

On Feb. 4, the quorum expired again. All the while, President Bush has refused to nominate a suitable candidate to serve as CPSC's third commissioner, even as concern over toy safety has found the national spotlight.