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November 22, 2005

PIRG petitions FTC/FDA over toxics in toys

Today PIRG released its 20th annual Trouble In Toyland report, documenting choking (small parts, balloons), strangulation (yo-yo balls), noise and toxic hazards found in children's toys. troubleintoylandcover.gif We also petitioned the Federal Trade Commission to investigate whether toy companies are violating deceptive advertising rules by claiming toys are free of the toxic chemicals known as phthalates when it turns out that they are not, according to independent lab tests we commissioned. From the FTC letter:

The FTC Act gives the Commission the power to bring law enforcement actions against false or misleading marketing claims, including environmental or “green� marketing claims. The “phthalate-free� label qualifies as an environmental or green marketing claim, as the label implies that the product is less toxic than products containing phthalates.

Phthalates are a class of chemicals that pose serious reproductive and cancer threats and have been banned in the European Union, although U.S. regulators haven't acted. Six of eight toys labeled "phthalate free" contained the toxic chemicals. We also separately petitioned the Food and Drug Administration over hazardous chemicals found in children's nail polish according to their labels (we didn't test the nail polish):

Play cosmetics — cosmetics intended for children under 14 — must conform to the requirements of the Federal Food, Drug and Cosmetic Act (FD&C Act). Under the FD&C Act, a cosmetic is deemed adulterated—and therefore subject to regulatory action—if it contains any “poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or, under such conditions of use as are customary or usual.� We believe toluene, xylene and dibutyl phthalate meet these requirements.

Over the past 20 years, the Consumer Product Safety Commission (CPSC) has recalled or taken other corrective actions on at least 120 toys identified in PIRG reports. PIRG maintains a website for parents and toygivers at www.toysafety.net where you can download English or Spanish printable versions of PIRG's Tips for Toy Safety. Also, here's a link to a blog on our recent report on toxic chemical hazards in other children's products.

Posted by Ed Mierzwinski at November 22, 2005 11:49 AM


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