Phthalates in Children's Toys

Parents and other consumers should not purchase soft plastic polyvinyl chloride (PVC) toys that contain phthalates for children five years old and under. Until 1998, PVC was commonly used to make bath toys, teething rings, bath books, and other toys for infants and toddlers. In the words of a toy industry website, PVC is used to make toys because "it can be used for both flexible and rigid applications… withstand household cleaners… and its favorable cost gives toy manufacturers a decided advantage in a highly competitive market." ("Why Vinyl is a Leading Material for the Toy Industry," www.vinyltoys.com, accessed 31 October 2002.)

PVC is hard and brittle, so manufacturers add a class of chemical called phthalates to "plasticize" or soften the material. The most common phthalate used by toy manufacturers is diisononyl phthalate, or DINP. Testing has shown that these phthalates are not "bound" to the plastic, but leach out of it over time. Chewing and sucking on toys during play can increase the rate at which these toxic chemicals are released and increase children's exposure to them. Tests commissioned by Greenpeace in 1998 found that toys might contain as much as 40 percent DINP by volume (Joseph Di Gangi, Ph.D, "Warning: Children at Risk, Toxic Chemicals Found in Vinyl Chldren's Products," Greenpeace USA, November 1998.). The only effective way to determine if a specific toy contains PVC and phthalates is
to call the company directly (see Appendix 5 for a representative list of toy companies and their use of phthalates).

Phthalates are suspected to cause adverse human health effects
Phthalates are far from benign; they are probable human carcinogens and have some of the characteristics of endocrine disrupters, chemicals that cause reproductive abnormalities. They have also been linked to kidney and liver damage. Very little is known about the effects of
phthalates on humans. Researcher Michael A. Babich, Ph.D., concluded that the most common phthalate in children's products, DINP, is in fact a "poorly defined mixture of isomers of dinonyl phthalate and related compounds. DINP obtained from different manufacturers or processes may differ in isomeric composition and toxicity." (Michael A Babich, Ph.D, "Preliminary Hazard Assessment of Diisononyl Phthalate (DINP) in Children's Products," CPSC Memorandum, 10 March 1998, 1.)Of the hundred or more isomers or types of DINP, only a few have been thoroughly tested. Of the others, Babich concluded: "one or more existing types of DINP for which data are unavailable could also be more toxic and/or carcinogenic." (Ibid)

U.S. and European Response
In response to the health risks associated with phthalates, some European governments and organizations have banned phthalates for use in children's products. These countries include Austria, Denmark, France, Finland, Germany, Greece, Italy, Mexico, Norway, and Sweden.
Canada issued a national health advisory on phthalates; Belgium and the Netherlands asked manufacturers to remove vinyl toys from their shelves; and the European Union is currently considering a ban on phthalates in children's products. ("Countries that Have Acted to Control Phthalates in Toys," National Environmental Trust, http://environnet.policy.net/health/products/toxictoys/factsheets.vtml, accessed 11 November 2002.)

The response of American agencies to the risk of phthalates has been less decisive. In November 1998, PIRG and eleven other consumer and environmental groups filed a petition urging the U.S. Consumer Product Safety Commission to ban toys containing phthalates intended for children five years and under. The CPSC responded by calling for further study to assess phthalate toxicity to humans. The Commission authorized a Chronic Hazard Advisory Panel (CHAP) to examine the existing scientific data concerning the potential risks of phthalates to humans and to specifically assess whether phthalates pose a human cancer risk.

The CHAP finished its report in June 2001 and concluded that while the majority of children would not be adversely affected by DINP, "there may be a DINP risk for any young children who routinely mouth DINP-plasticized toys for seventy-five minutes per day or more." (Report to the U.S. Product Safety Commission by the Chronic Hazard Advisory Panel on Diisononyl Phthalate (DINP), June 2001, 24)

The CPSC's second response to the petition filed by PIRG and other groups was to request that the toy industry voluntarily remove phthalates from rattles and teethers, even though the petition filed by PIRG and other groups requested that the CPSC ban the use of phthalates in all toys for children five years old and under. Most toy companies have complied with the CPSC request; many toy companies are planning to or already have eliminated phthalates from production,
surpassing the CPSC's voluntary ban. Some companies are using substitutes like ethylene vinyl acetate (EVA) instead of soft PVC. EVA does not have the safety concerns associated with PVC; it can be used without a plastic softener, thus eliminating the need phthalates entirely. Still other toy companies have stopped manufacturing teethers and rattles.

No toy company, however, has recalled mouthing toys containing phthalates. These toys are still on the shelves and available to consumers. Despite the substantial body of evidence suggesting
that phthalates may endanger children's health, toy companies continue to assert that they have eliminated phthalates from production because of "consumer concern," not any danger from phthalates themselves. Toy companies and the CPSC have also used only a narrow definition of
"mouthing toys," defining them only as teethers and rattles. Other toys that children chew on - such as bath books or soft vinyl blocks - are still on the market and available to consumers.

1998 Phthalate Petition: The CPSC's Response
At the writing of this report, the CSPC had scheduled a meeting on November 8, 2002 to consider petition HP-99, which was filed by PIRG and eleven consumer groups in 1998 and urged the CPSC to ban the use of phthalates in toys for children under five years old. The Commission briefing on the petition concludes that "oral exposure to DINP from mouthing soft plastic toys… is not likely to present a health hazard to children" and that "since children mouth other children's products less than they do toys, teethers and rattles… staff does not believe that
other children's products are likely to present a health hazard to children." (Marilyn L. Wind, Ph.D, "Response to Petition HP 99-1: Request to Ban PVC in Toys and Other Products Intended for Children Five Years of Age and Under," August 2002, 10.) Finally, the Commission staff: "recommends that the Commission deny the petition and decline to issue the national health advisory…. [T]he staff believes that there is no demonstrated health risk posed by PVC toys or other products intended for children five years of age and under and thus, no justification for either banning PVC use in toys and other products intended for children five years of age and under or for issuing a national advisory on the health risks associated with soft plastic toys." (Ibid 16-17)

PIRG strongly disagrees with the recommendation made by the CPSC staff and believes that banning phthalates in products for children under the age of five and issuing a national health advisory is the proper response to the presence of phthalates in children's products.

The Precautionary Principle
Laws which regulate human and environmental exposure to hazardous substances generally take one of two possible approaches -- "better safe than sorry" or "innocent until proven guilty." PIRG believes, especially when it comes to children's risks and exposure, that a precautionary "better safe than sorry" approach should guide risk management and regulatory decisions. This means that the issue of safety should be thoroughly considered before human and environmental exposures are permitted. Where there is some evidence of human or environmental toxicity - as in the case of phthalates -- this approach demands that exposures be avoided and minimized.

Viable Alternatives to Phthalates.
Ethylene vinyl acetate, or "EVA," is being used by some companies as a replacement for soft PVC. Because it does not need a plastic softener, EVA lacks the safety concerns of PVC softened with phthalates. Other companies have switched to polyethylene or other plastic polymers that do not require phthalates. The existence of safer alternatives already in
commercial use means that there is no defensible reason for manufacturers to continue using PVC and phthalates in their children's products and no defensible reason for the CPSC to continue to allow their use.

Toy Survey Findings and Recommendations on Phthalates
This year PIRG researchers were able to find a number of soft bath books containing phthalates; a survey of toy companies found that while most toy manufacturers have phased phthalates out of teething and mouthing toys, many still manufacture other toys for young children that contain phthalates. (See Appendix 1 for examples of toys containing phthalates; see Appendix 6 for a list of toy companies and their policies regarding phthalates.) PIRG urges parents to keep toys
known to contain phthalates away from children under three, especially teething and mouthing toys.