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Monday, July 28, 2008

On Phthalates, Congress Taking Safety-First Approach

After a protracted House/Senate negotiating period, Democratic and Republican leaders came to an agreement on several controversial provisions in a bill to improve consumer product safety. Early reports indicate that negotiators came down on the side of public health on most or all of the issues that had proved difficult to hash out. CQ.com reports:

While the final provisions have not been released, advocates and lobbyists say there will be language to protect whistleblowers, make toy safety standards mandatory, regulate manufacturing of all-terrain vehicles and give state attorneys general certain decision-making powers….

One of the most controversial provisions in the Senate's bill, a restriction on phthalates — a plastic softener some believe can damage reproductive development — made it into the agreement in modified form.

According to House aides, the deal would ban three of the six suspect phthalates outright, for all children's toys. The other three phthalates would be banned temporarily in products that could be put into a child's mouth, pending further study and rulemaking.

The news on phthalates — that a ban would be enacted pending further study and would only end if the substances' safety is proven — is a radical departure from the way the federal government generally regulates chemicals. Usually, chemicals are released into the market and used without restriction. If initial toxicity studies show a potential health risk exists, researchers inside federal agencies may take a more in-depth look. If research shows a health risk exists (and overcome the often-specious claims from the anti-government crowd that more certainty is needed), all that's left is navigating the labyrinth of rulemaking requirements agencies must go through before an exposure standard or ban can take effect.

The safety-first approach embodied in Congress's phthalate ban would protect public health in the interim without condemning the substances to an eternal regulatory graveyard. The interim ban shifts the burden of proof onto phthalate manufacturers and users. If the safety of phthalates is proven, they're back on the market.

Congress's action on phthalates is a refreshing take on public health. As consumers, we are exposed to scads of chemicals every day. For many of these chemicals, some studies indicate a risk to public health, but more research is needed before we can paint an accurate portrait of how much of the substances we're exposed to and what they do in the human body.

The presumption that chemicals should be safe would reduce consumer exposure. It would also have the added bonus of creating a market incentive for quick, accurate completion of toxicity studies. Moreover, accurate, transparent scientific findings would provide consumers with a tool for making buying decisions they believe to be in their best interest. Sounds pretty logical, doesn't it?