US Senate considers expanded phthalate restrictions

The United States (US) Senate is considering a bill, S.2120, To expand the prohibition on the manufacture, distribution, and importation of children's products that contain phthalates, and for other purposes.

The bill, introduced by Senator Kirsten E. Gillibrand (D-NY), would amend the Consumer Product Safety Improvement Act of 2008 (CPSIA) to expand CPSIA's restrictions on phthalates to include diisononyl phthalate (DINP), diisodecyl phthalate (DIDP) and di-n-octyl phthalate (DnOP), each of which would be limited to 0.1%.

These restrictions would apply more broadly to "children's products," rather than to "children's toys or child care articles."

The bill defines "children's product" to mean consumer products designed or intended primarily for children 12 years of age or younger.

In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:

1. A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. 
2. Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. 
3. Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. 
4. CPSC's Age Determination Guidelines.

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