Washington, D.C. – U.S. Senator Barbara Boxer (D-CA) today called on the Consumer Product Safety Commission (CPSC) to carry out the law requiring them to protect our children from dangerous phthalates.

The Consumer Product Safety Commission Improvement Act of 2008 included a provision authored by Senators Dianne Feinstein and Barbara Boxer (both D-CA) requiring the CPSC to remove toys and children’s products containing phthalates from store shelves by February 10, 2009.

Exposure to phthalates can harm the development of reproductive organs and many experts believe that exposure to multiple phthalates presents a risk to developing fetuses and young children

Instead, Ms. Cheryl Falvey, General Counsel for the CPSC, issued an erroneous opinion essentially reversing the law and allowing these products to remain on stores shelves.

Boxer said, “This opinion is harmful to our children and a blatant disregard for the law. Ms. Falvey’s claim that our intent was not clear is a pathetic and transparent attempt to avoid enforcing this law.  It is beyond me that as they exit the scene, this Administration is still carrying out its malicious actions to weaken environmental protection for our families.”

In a letter today, Boxer asked Ms. Falvey to immediately withdraw her opinion. 

The full text of Senator Boxer’s letter follows: 

November 21, 2008

Ms. Cheryl A. Falvey
General Counsel
U.S. Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814

Dear Ms. Falvey:

Your recent opinion that purports to interpret the Consumer Product Safety Improvement Act of 2008 to allow the continued sale of children's toys and child care products that contain harmful phthalates beyond February 10, 2009 violates the clear language of that Act.

The Feinstein-Boxer provision of the law is clear: "Beginning on the date that is 180 days after the date of enactment of this Act, it shall be unlawful for any person to manufacture for sale, offer for sale, distribute in commerce, or import into the United States any children's toy or child care article that contains concentrations of more than 0.1 percent" of certain types of phthalates (section 108 (a) & (b) (1)).

I can assure you it was the intent of Congress to ban the sale of any children's toy or child care article containing certain phthalates after 180 days post-enactment.  Any other interpretation has no basis in fact. 

 The ban clearly includes toys and child care articles produced both before and after the enactment date of the legislation. Allowing these harmful products to remain on store shelves places children in danger and does a disservice to the American consumer.

Given the importance of this critical health and safety issue, I am asking that you immediately withdraw your opinion rather than put our children at risk. 

Sincerely,

Barbara Boxer

United States Senator 

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