Phthalates debate continues
California deadline days away
-- Kids Today, 12/22/2008 2:13:00 PM
Retailers and manufacturers alike have been waiting for the Consumer Product Safety Commission to give some guidance regarding California law AB 1108—the ban on phthalates—but with California’s deadline just days away, Jan. 1, 2009, there’s no time left to wait.
Many in the industry were banking on the fact that the federal government’s ruling on phthalates would supersede the state’s ruling, but to date it has not been overturned.
The California Attorney General’s office distributed this letter, Dec. 3 to the CPSC regarding its phthalates bill. Here’s the first paragraph of the letter:
“In light of the recent public debate concerning the applicability of the federal phthalate restrictions in the Consumer Product Safety Improvement Act of 2008 (“CPSIA”), we are writing to explain our position on the applicability of California’s phthalate limits on toys and child care articles. In short, California’s phthalate restrictions become effective January 1, 2009, and prohibit the manufacture, sale, or distribution of toys and child care articles with excessive levels of certain phthalates, regardless of when or where those items were manufactured.”
The CPSC has this FAQ on phthalates and its Dec. 4, public meeting on phthalates has been postponed to allow time for the CPSC staff to review responses to the staff’s request for comment and information regarding phthalates prior to the meeting. To date the meeting has not been rescheduled but the CPSC says on its Web site that it will post updates here.
Mike Dwyer, executive director of JPMA says it is the association’s opinion that the federal law preempts the state law, however, until such time as further clarification exists, they are recommending manufacturers comply with the California law.
The Natural Resource Defense Council has filed suit in federal court against the CPSC declaring the CPSC’s decision is contrary to law and asking for an injunction ordering the CPSC to rescind its decision. Here is the filing from the NRDC’s Web site.
Stanley sent a letter to its California Young America retailers on Dec. 19, stating that it will not ship products into the state until the manufacturer meets the California regulations.
“We started working on this months and months ago,” said Glenn Prillaman, executive vice president, marketing and sales for Young America. “As soon as the appropriate product was available we began using it in our finishes and we will be ready for the federal deadline of Feb. 10. However, we, like the rest of the industry, were sure the federal ruling would supersede the California state ruling, and obviously that hasn’t happened.”
The federal ruling on phthalates allows for a sell through date, whereas the California ruling does not; it bans the sale of any toy or child care article containing phthalates as of Jan. 1, 2009. Recognizing that they would not meet that deadline, Stanley informed its Young America dealers in California that it will not be shipping products until it becomes compliant with the law, which could be early summer, according to Prillaman.
Though Stanley has been proactive in all of the rulings handed down this year, from lead and formaldehyde to the phthalate issue, Prillaman said that going forward the industry as a whole, and Stanley, needs to be even more proactive when it comes to legislation.
“This is about following the law,” he said. “Of course we are going to follow the law and we encourage all of our dealers to do so as well. There’s no question about it.”
For more information or clarification contact your trade associations, attorney and state government officials.
With permission, here is the letter Stanley sent its dealers.
Kevin Walker
Vice President, Product Development and Sales
Direct: 276.627.2577
kwalker@youngamerica.com
December 19, 2008
Dear California Young America® Retailer,
I trust you are in receipt of my letter dated December 4, 2008 in regards to the Consumer Product Safety Improvement Act (CPSIA) which assured you that Young America products will fully comply with the newly enacted federal law HR-4040.
I write to inform you that we are also aware of the California law AB 1108 to be found on the web at http://www.sfenvironment.org/downloads/library/ca_assembly_bill_ab1108.pdf Unlike the federal law which allows the sell thru of existing inventory for both retailers and manufacturers/distributors after its effective date of February 10, 2009, California law effective January 1, 2009 prohibits the manufacture, sale, or distribution of certain children’s’ products that contain specified phthalates in concentrations. Young America products deemed to be impacted by the California law are: Cribs, Toddler/Daybed Conversion Kits, Beds, including Trundle/Storage Units, & Safety Rails.
Pending any expected action by the courts to allow the federal law to preempt California
Law, Stanley Furniture Company, Inc. will abide by California law. Therefore, the aforementioned Young America products will not ship into your state until they meet full compliance. As we speak, we are removing specified phthalates from these and other items from the Young America product line. Unfortunately for our industry, the long lead times associated with overseas sourcing will delay compliance with the California law. We expect be fully compliant with the California law in early 2009.
In the event a determination is made that the federal CPSIA law preempts California state law, we would not expect any interruption in the flow of our products to you.
We are monitoring these actions very closely and will inform you of any changes as they happen.
Best regards,
[signed by Kevin Walker]
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