A distinction needs to be made. Today's ruling found that CPSC has to follow through on protecting children from phthalate-laden toys.  The CPSC's recent stay regarding the testing and certification is a separate matter.

We support granting exemptions to companies, including small businesses, which produce phthalate-free products.  And CPSC has authority under the law to exempt products that are obviously phthalate-free from testing and compliance requirements…and could have done so.  Instead of granting those exemptions and moving this certification process along, CPSC has been dragging its feet for the past six months confusing consumers and manufacturers alike.

It's essential to remember that the overarching issue here is the protection of children's health - that's why this law has been put into place.  And thanks to today's win, we can feel confident that manufacturers now know with certainty that phthalates are off-limits.  Starting on Tuesday, they are on the hook if they have these chemicals in their products. 

It is also important to note that the law passed in the U.S. bans the same six phthalates that have been banned in European toys for nearly 10 years. Other countries, including Argentina, Japan, Israel and Mexico have also banned phthalates from children's toys.  Several major retailers have previously announced that, by the end of 2008, they would remove phthalate-containing toys from their stores. When it comes to phthalates and our children, there is no doubt that it's better to be safe than sorry.

It wasn't so long ago that we used lead paint on our pencils and mercury to make felt hats.  Science uncovers dangerous chemicals and it is the duty of our government to protect us when these discoveries are made.

NRDC is confident that the CPSC - if willing - can follow through on this ban in a way that protects both children and the interests of manufacturers.   This law is not anti-business - if the CPSC applies it correctly.