A Closer Look at Children's Safe Product ActChildren's Safe Products Act House Bill 2647 – Sponsor: Representative Dickerson / Senate Bill 6530 – Sponsor: Senator Morrell. By Tom Griffith On March 7, the Washington State Senate gave the citizens of Washington affirmation of precaution and prudence in environmental and health legislation. Despite heavy lobbying efforts by industry, the Senate passed (40 to 9) the amended Children's Safe Products Act. The requirements and implications of this bill are ground breaking, and the strictest limits in the United States. They will help to propel a national trend. Children are the most vulnerable to detrimental effects of pollutants because they are still developing. CPSA prohibits manufacture, sale, and distribution of children's products exceeding the limits it sets for lead, cadmium, and for phthalates. CPSA goes beyond regulation of toys to include children's cosmetics, jewelry, clothing, baby supplies and most products marketed for use by children. Exceptions include: electronic products, software, medical and sporting equipment. CPSA prohibits children's products having more than 90 ppm lead beginning July 1, 2009, to lower to 40 ppm if determined achievable for manufacturers and necessary for children's health. The 40 ppm limit for lead is recommended by the American Academy of Pediatrics. The current limit for lead in paint is 600 ppm. Lead is a potent neurotoxicant proven to cause harm to the developing brain at very low levels of exposure. There is no safe level of lead exposure. Fetal or early childhood exposure is linked to impaired learning and development. Adverse effects include IQ deficits, language and attention difficulties as well as increased aggression and delinquency. Neuro-developmental effects are permanent. CPSA also prohibits children's products having more than 40 ppm cadmium beginning July 2009. Cadmium exposure is linked to developmental effects, including possible decreases in birth weight, delayed sensory-motor development, hormonal effects and altered behavior. It is also classified as a known human carcinogen. CPSA prohibits children's products having more than 1,000 ppm of six specific phthalates. Phthalates are a family of chemicals linked to reproductive disorders, produced in millions of tons per year. The most toxic form is known as DEHP, but they are thought to synergize when in combination. Phthalates can be found in toys, perfume, lotions, shower curtains, and medical products. They have been linked to adverse developmental and reproductive outcomes, including abnormal genital development and reduced fertility in males and females. Harmful effects include altered sexual differentiation of the male reproductive system, decreased sperm counts, sperm damage, thyroid interference, increased asthma, and eczema. A 2001 Consumer Product Safety Commission study concluded risk to infants who mouth DINP toys for 75 minutes or more per day. Phthalates are already restricted in children's products by the European Union and California. The Act requires the Department of Ecology to prepare a list of potentially harmful — or "high priority" — compounds found in children's products by January 2009. High priority is defined on the "basis of credible scientific evidence as known to do one or more of the following: harm normal development of a fetus or child; cause cancer, genetic damage, or reproductive harm; disrupt the endocrine system; damage the nervous system, immune system, or organs or cause other systemic toxicity; be persistent, bioaccumulative, and toxic." Manufacturers of children's products must report whether their product contains a chemical of high concern beginning no later than July 1, 2010. Opponents, such as the American Chemistry Council (ACC) conceded the validity of limiting both lead and cadmium but argue the safety of phthalates despite demonstrated endocrine disruption. They argue the Act sets unique standards to Washington and will restrict supply of popular toys that can't meet the standard. A representative stated, "Banning chemicals at the state and local level is not practical." An activist countered, "If the toys cannot pass the standard we do not need them sold in Washington." Industry representatives have complained of the extra expense, but these tests are already being done, only the limits have changed. CPSA sets a standard lower than that of the EU, which measures on content of bio-available contaminant, while CPSA counts total levels. This may create difficulties for manufacturers who now must meet a more stringent level for Washington State than that of the EU or California. The ACC is considering legal action against the Act. They are unwilling to act with precaution in spite of the growing body of evidence that demonstrates toxic effects. Washington is fortunate to have a tremendous environmental health coalition advocating for us all by promoting this Act. The coalition includes: Washington Physicians for Social Responsibility, Washington Toxics Coalition, American Academy of Pediatrics (WA), Washington State Medical Association, Toxic Free Legacy Coalition, Washington State Nurses Association, and many other health and environmental organizations. Tom Griffith is a Naturopathic Physician in Olympia. ---- As I write this, we await signing by the governor. If this doesn't happen, then we have some work to do indeed. Please get involved if these issues are important to you; you can start by checking out some of the links below.
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