Rubber Ducky You're Not The One

With the holiday season upon us, I have been asked by well meaning friends and family members what they can get my daughter for a Christmas gift. Any ideas I can give them are accompanied by a long list of caveats -- Please, no vinyl toys, and preferably no toys or books made of any type of plastic because the plasticizers used to soften them are toxic; wooden toys are better than plastic but watch out for lead paint; try to buy toys made in the US....

By the time I reach the end of my qualifiers, I'm sure the well-intentioned giver wishes they had never asked and wonders how they are ever going to be able to find something suitable.

They aren't alone. A lot of toy shoppers are left scratching their heads this holiday season. Although Congress passed a law earlier this summer that lowers the allowable levels of lead and bans 6 different phthalates from children's toys, this law won't go into effect until mid-Feb., after this year's holiday shopping season has ended. Some major retailers have announced that they would be implementing the new standards by the "end of the year", but there haven't been any announcements lately about whether this has actually happened. Because there are no labeling requirements, there is no way for even the savviest of shoppers to know whether a toy is toxin-free.

Phthalates (pronounced thal-ates) are chemicals used in many common consumer products, including as softeners of plastic children's toys -- like a rubber ducky. Some phthalates are hormone-disrupting chemicals that interfere with production of the male hormone testosterone, and have been associated with reproductive abnormalities. Numerous animal studies have linked prenatal exposure to certain phthalates with decreases in the male sex hormone, testosterone, birth defects of the genitals, and reduced sperm production.

Most people assume that government agencies are on top of this and wouldn't allow toys that contain phthalates or other toxic chemicals to be sold. In the case of toys and other childcare articles, the Consumer Product Safety Commission (CPSC) is responsible for ensuring their safety. However, just recently, the CPSC announced a legal interpretation of the new law which stated that any phthalate-containing toys manufactured up until Feb. 10, 2009 could continue to be sold in stores until their stocks are depleted. In other words -- with stockpiles of phthalate-containing toys out there -- parents can't even be assured that come next holiday shopping season toys on the shelves will be phthalate-free.

In response to this reckless decision, NRDC today filed a lawsuit to prevent the CPSC from allowing the continued sale of unsafe phthalate-laden toys.

Phthalates have been banned in Europe for nearly 10 years. Other countries -- Argentina, Japan and Mexico -- also have banned phthalates from children's toys. And several major retailers have previously announced that they would not allow phthalate-containing toys to be sold in their stores. Clearly, toy manufacturers both in the US and abroad are already making toys that don't contain phthalates to meet these requirements. Parents are also demanding phthalate-free toys.

This CPSC decision disregards the law and endangers the health of our children by allowing continued exposure to known hormone disrupting chemicals. This decision should be immediately reversed so that the ban goes into effect as Congress has intended. Furthermore, retailers should let their customers know whether or not the phthalate ban has been implemented in their stores for this holiday shopping season. Shoppers can then make an informed decision when opening their wallet instead of being left confused and worried.

If you have concerns about toys you are considering buying this holiday season, avoid buying vinyl toys or other soft, pliable plastics. When in doubt, check toy guides or call customer service at your store or the toy manufacturer and ask if they have gone phthalate-free yet be sure to ask specifically about the toy you are interested in. If they can't tell you whether or not the toy is phthalate-free, find another that is. We have a right to expect safe toys for our children, even before the "toxic toy" ban becomes official.

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