California Bans Hazardous Chemical in Plastic Baby Toys

SACRAMENTO, California, October 17, 2007 (ENS) - Governor Arnold Schwarzenegger has signed legislation to prohibit the manufacturing, sale and distribution of vinyl toys and childcare products that contain phthalates designed for children under three, making California the first state in the country to ban these chemicals used in baby toys.

"We must take this action to protect our children," said the governor. "These chemicals threaten the health and safety of our children at critical stages of their development."

The phthalate ban was among 80 bills the governor signed Sunday to meet a midnight deadline. The ban will take effect on January 1, 2009. Several other states are expected to follow suit.

"California continues to lead the nation in protecting children from dangerous chemicals and in safeguarding our environment," said Assemblymember Fiona Ma, the San Francisco Democrat who authored the bill. "AB 1108 sends a clear message to the Consumer Product Safety Commission that if the Bush administration won't act, states will."

California Assemblymember Fiona Ma announces the signing of her bill AB 1108 banning phthalates. (Photo courtesy Office of the Assemblymember)

"We are thrilled that California is taking action to protect our kids from dangerous chemicals," said Dan Jacobson, legislative director for Environment California, a co-sponsor of the legislation. "This bill is so important because as children’s minds and bodies go through the delicate processes of growing and developing, they are particularly vulnerable to chemicals that could affect proper development."

Phthalates are chemicals added to plastic to make it soft and flexible. Among many other things, they are used in soft plastic toys and other baby products, such as teethers, bath books, and rubber ducks.

Because phthalates are not chemically bonded to the plastic, these toxic chemicals are easily released. When children suck on these products, phthalates can leach out and enter their bodies.

"When a child puts a phthalate-laden teether in her mouth, it’s like sucking on a toxic lollypop," said Rachel Gibson, staff attorney for Environment California. Phthalates have been shown to interfere with the natural functioning of the hormone system. These toxic chemicals have been linked to reproductive problems, early onset of puberty, liver and thyroid damage, and testicular cancer.

Phthalates interfere with the hormone system and have been linked to reproductive defects, premature birth, and the early onset of puberty, which is a cause of breast cancer. Four of the six phthalates banned in the bill are listed on California's Proposition 65 list as reproductive toxins.

Studies by the U.S. Environmental Protection Agency show the cumulative impact of different phthalates leads to an exponential increase in associated harm.

According to data from the U.S. Centers for Disease Control and Prevention, levels of phthalates found in humans are higher than levels shown to cause adverse health effects. The data also show phthalate levels are highest in children.

Fourteen countries and the European Union have already banned or are phasing out the chemical.

AB 1108 faced hurdles in the legislature, including heavy lobbying by the chemical industry. American Chemistry Council chief executive Jack Gerard expressed "deep regret that California Governor Schwarzenegger chose to sign the bill banning certain vinyl toys, but expressed the hope that the act would not imperil the state’s future plans for addressing chemical health and safety issues in a rational and science-based way."

"This law is the product of the politics of fear. It is not good science, and it is not good government," said Gerard. "Thorough scientific reviews in this country and in Europe have found these toys safe for children to use. California businesses will now be obliged to take products off the shelves that their customers need and want."

"Next year, we hope that policy makers and special interest groups will abandon their chemical-by-chemical, attack strategy and put their support behind the state’s Green Chemistry Initiative," said Gerard.

California Secretary for Environmental Protection Linda Adams and the Schwarzenegger administration are drafting a Green Chemistry Initiative to develop policy options for implementing green chemistry policies.

Instead of making chemical policy through the legislature on a case by case basis, the goal of this initiative is to work with scientists from California and around the world to evaluate the health effects of chemicals and possible alternatives in a comprehensive manner.

"A comprehensive and unified approach is needed to ensure good accountable policy and I encourage the legislature and all interested parties to participate in the development of this important initiative," said Schwarzenegger.

The creation of a viable list of options to advance Green Chemistry must be submitted to Secretary Linda Adams by January 2008. From that list proposed recommendations for a final policy are due by July 1, 2008.

Public comments on the Green Chemistry Initiative are welcome through November 16. To find out more, click here.