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Consumer Groups Sue CPSC Over Feb. 10, 2009 Implementation Date of Phthalate Ban

In response to the CPSC position that the ban on phthalates included in the Consumer Product Safety Improvement Act (CPSIA) only applies to products manufactured after February 10, 2009, two consumer advocacy groups filed a lawsuit seeking to enforce the ban effective January 1, 2009. 

The lawsuit filed by the the Natural Resources Defense Council and Public Citizen Inc. allege  the CPSC violated the intent of the CPSIA and other federal laws with its November 17, 2009  opinion that the ban does not apply to products made before February 10, 2009.  The lawsuit filed against the CPSC in U.S. District Court for the Southern District of New York seeks a judgment declaring the CPSC’s most recent decision contrary to the CPSIA, the Administrative Procedure Act, and the original Consumer Product Safety Act, and orders its rescission.  The consumer advocacy groups had other appeal options available through the CPSC but did not pursue them, which could result in the lawsuit being thrown out by the U.S. Attorney.  

It is unclear how the CPSC will react to this recent backlash surrounding the phthalate decision.  It is possible that they may in fact reverse course entirely and take the position that Section 108 should be applied retroactively.  At this time it is impossible to know how they will react to the lawsuit.  A number of environmental and consumer groups are very unhappy with the CPSC over its interpretation of the phthalates ban.  These groups will be looking for companies producing toys and child care articles containing phthalates to make an example of to support their position that the ban should be enforced on all affected products beginning February 10, 2009, regardless of when they were made.   
 
If you would like to review the lawsuit against the CPSC in its entirety, please click here.