The latest on CPSIA

Have been following the hub-bub on the regulations banning lead and phthalates in children’s products and toys?  (Click on the link for background info.)  If so, then you know that while the new law, which will go in to effect on February 10th, was meant to protect children and improve safety regulations in their products, it actually went a little too far and may make it impossible for handmade toy manufacturers and thrift stores to stay in business.
So here’s the latest news on the story.

Last week the clarified their position on the CPSIA law stating in a press release the law won’t affect thrift stores and other resellers of children’s gear.  These small business owners had been worried that they would have to certify that the used products in their inventory were free of lead and phthalates…a procedure that would be cost-prohibitive for more small shops.  From the press release:

The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

Needless to say, this press releae did not exactly put anyone’s mind at ease…especially if they happen to own a thrift store or children’s resale shop.  It is impossible to tell if an item has lead or phthalates in it just by looking at it. Thrift store owners could make a gues when it comes to lead…bright colored or camo paints are commonly lead based, but not always. Would any store owner really want to risk their livliehood on a guess?

In an interview, CPSC spokeswoman Patty Davis stated, “If you’re selling used children’s products, you’re not required to certify that those products meet the lead limits or the phthalates standards.  What the law does require is that the manufacturers and the importers certify that those products made after Feb. 10 don’t violate the new lead limits.”

I understand that the CPSC is saying they are not targeting thrift store for compliance, but they don’t seem to understand that unless the law is actually reworded, thrift store owners will have no choice than to dump most of their inventory and only accept items made by manufacturers after the regulation went in to place.

And if you think this thrift store business is crazy, check out this article from The Boston Phoenix on the potential for CPSIA to affect libraries.  From the article:

“We are very busy trying to come up with a way to make it not apply to libraries,” said [Emily] Sheketoff [associate executive director of the American Library Association]. But unless she succeeds in lobbying Capitol Hill for an exemption, she believes libraries have two choices under the CPSIA: “Either they take all the children’s books off the shelves,” she says, “or they ban children from the library.”

The bottom line: Congress needs to rework CPSIA, and the need to do it quickly.  If you haven’t already done so, now is a good time to contact your representative (or your local newspaper) and let them know you are concerned about CPSIA.

In a recent study published in the journal Pediatrics, researchers from the University of Washington, Seattle, measured the levels of nine different phthalate breakdown products in urine from diapers of 163 infants aged 2 to 28 months. Their report found that all of the urine samples contained at least one phthalate at measurable levels; 81% of the samples had measurable amounts of seven or more phthalates.

“We found that reported use of baby lotion, baby shampoo, and baby powder was associated with increased concentrations of monethyl phthalate (MEP), monomethyl phthalate (MMP), and monoisobutyl phthalate (MIBP) in infant urine,” said Dr. Sheela Sathyanarayana, the study’s author.

John Bailey, chief scientist for the Personal Care Products Council, an industry trade group, said diethyl phthalate, or DEP, is used in the fragrances of some baby lotions and other baby products. But Bailey questioned the validity of the study because the researchers did not take into account the phthalates that are found in diapers and other baby products. His point is frighteningly accurate although intentionally misleading. Should I feel better about slathering toxic chemicals on my baby’s skin because those chemicals are also found in her diapers, in her toys, and even in her sippy cup? Um, no. So, thanks for the insight Mr. Bailey, but let’s stick with the facts…

O.K., then. We have a problem. And I for one do not think it’s acceptable to adopt a “let’s wait and see what happens” attitude when it comes to my health or that of my children. For those of you who like to believe that there is some government agency or corporate standards in place to make sure that dangerous substances are not found in the products we use every day, I have just 2 words for you. Tobacco. And. Asbestos. Nothing really happened to regulate these substances until the body count grew so large it was impossible to ignore.

Now lest I be labeled an alarmist and a reactionary….let me please state for the record. I am not against progress. I love technology…and I welcome it with open arms. But when it comes to things that are going to affect my children’s health and future…I want the proof in the pudding.

Why should environmental groups have to prove that these chemicals are dangerous to our kids? Shouldn’t it be the other way around? Shouldn’t the companies that are putting phthaltes into their products be forced to provide proof that these chemicals will NOT affect my child’s health before they are allowed to use them in my baby’s shampoo, diapers, and sippy cups?

Here’s how to avoid bathing your baby in phthalates:

Don’t Buy That Crap: Don’t buy any product that contains phthalates. Two of the most toxic phthalates, DBP and DEHP, have been banned from cosmetics products sold in Europe but remain unregulated in the US. Unfortunately, the real problem is that it is almost impossible to tell if your baby lotion or shampoo contains phthalates because personal care companies are not required to list all of their ingredients on product labels. So at the very least, look for personal care products that are labeled “fragrance-free,” as it is likely that they won’t contain phthalates. Better yet, look for products that are certified “phthalate-free.”

Support the EWG: The Environmental Working Group (EWG) is a small non-profit group sponsored by the Campaign for Safe Cosmetics that has taken on the monumental task of testing the safety of the chemicals that we are exposed to on a daily basis. Why? Because NO ONE ELSE IS DOING IT. If it weren’t for groups like this ranting and raving and screaming about phthalates for the last several years, nobody would think twice. They are non-profit, they are independent. And they are the closest thing we have to a watchdog out there when it comes to the safety of the products we use everyday.

Rant and Rave: I make every effort to avoid preaching when it comes to green living. But this one just seriously pisses me off to the point that I can’t help but rant and rave about it…and I think you should too. I mean come on…adding chemicals that have been linked to hormone disruption to baby shampoo? That’s just taking it too far. Enough is enough. If you agree, let’s rant and rave together!