GOVERNMENT ACTIONS ON PHTHALATES IN PVC TOYS

SUMMARY

AUSTRIA - Austria was the first country to ban phthalates in toys for children under three years old. The ban came into force in January 1999.

DENMARK - The Danish EPA announced on August 4, 1998 that it would ban phthalates in toys and baby articles for children under three years old. The ban was finalised in April 1999 to take effect in April 2000

FRANCE - On 7th July 1999, France placed a one-year ban, effective immediately, on childcare items made from soft PVC containing phthalate softeners.

FINLAND - In February 1999, the Finnish Trade Ministry informed the EU that it would ban six additives in toys and childcare products for children under three that are intended for oral use. The ban will take effect on 1st November 1999.

GREECE - Late in 1998, the General Secretary of the Department of Commerce announced that the government would ban PVC toys containing phthalates for children under three years old. The imports and sale of all soft PVC toys for children under three were banned on January 15, 1999. The ban on sales is effective as of September 1999.

GERMANY - In July 1999, Germany proposed a law banning the use of phthalates in any toy designed to be used by a child under 36 months. It has been submitted to the EU and is now subject to a three-month standstill period while any objections from other member states are considered.

ITALY
- During 1998, 37 provinces passed resolutions opposing the use of soft PVC toys in Italy. Further, in early March 1999, the Ministry of Industry informed the European Union it was intending to ban soft PVC toys containing phthalate additives. The ban will take effect in November 1999, 15 days after publication in an official journal.

MEXICO - The Health Ministry announced on November 30, 1998 that it would stop the import of soft PVC toys for small children and withdraw from sale these products.

NORWAY - On December 18, 1998 the Norwegian EPA proposed a ban on the production, distribution, import and export of toys and other products aimed at children aged under three and containing phthalate plasticisers.The ban took effect on July 1 1999.

SWEDEN - In September 1998, Sweden initiated a ban on phthalates in toys for children under three years old. The proposal also includes a provision to prohibit other chemical additives from replacing phthalates. This took effect on August1 1999.

OTHER NATIONAL INITIATIVES ON PHTHALATES IN PVC TOYS

BELGIUM - Marcel Colla, Minister of Public Health urged toy retailers to take immediate voluntary measures to cease the marketing of soft PVC toys designed to be chewed by young children. October 3, 1997.

CANADA - The government health authority, Health Canada, has advised parents to throw away soft vinyl (PVC) toys designed to be sucked or chewed, "because there are scientific indications of a potential health risk for very young children (weighing less than 8kg) who have high oral contact with soft vinyl products".

GERMANY - The Federal Institute for the Protection of Consumer Health and Veterinary Medicine, the BgVV, issued a statement which called on toy manufacturers to take steps to "markedly reduce the burden of softeners or to stop using them altogether in toys for small children." It also called on the industry "as a matter of responsibility, to see that these products do not get on the market." December 12, 1997.

The BgVV further recommended that "parents not buy toys made of soft PVC for children up to three years of age, since it cannot be said with certainty that these products are safe."

NETHERLANDS - After testing teethers, rattles and toy figurines sold for babies, the Ministry of Health found that the Dutch advised total daily intake of one softening chemical would be exceeded by 5 - 50% for all babies sucking or chewing on PVC teethers. Exceeding the total daily intake is undesirable; therefore, the ministry urges major retailers to prevent babies from being exposed to phthalates in toys." July 16, 1997.

PHILIPPINES - The Philippines Department of Health issued a press statement, citing Greenpeace's findings, and called on all toy retailers and manufacturers to remove from sale "soft PVC toys and infant care products for infants/children under 3 years of age." The government also recommended the use of alternatives to soft PVC that do not require additives or softeners. October 24, 1997.

USA - On December 2, 1998, the Consumer Product Safety Commission (CPSC) announced a voluntary withdrawal on the manufacturing of teething toys containing phthalates and requested retailers withdraw these products from their shelves.

CHRONOLOGY

April 18, 1997 - Danish EPA recommends that "three teething rings be withdrawn from the Danish market" after Denmark's Environmental Investigations found that these PVC teething rings "liberated an extent of phthalates which the EPA regards as unac ceptable for babies." The study found quantities of phthalates leaching from the toys to exceed allowable limits, set by the EU for food, by up to 40 times. "It is unacceptable that our children are exposed to chemicals in such quantities - especially whe n they are so young," said research chief Lars Carlsen from Denmark's National Environmental Research Institute.

April 21, 1997 - US President Bill Clinton issued an Executive Order entitled "Protection of Children from Environmental Health Risks and Safety Risks" declaring that the White House shall "make it a high priority to identify and assess environment al health risks and safety risks that may disproportionately affect children and shall ensure that its policies, programs, activities and standards address disproportionate risks to children that result from environmental health risks or safety risks." To date, the US government has not taken action to protect children from the danger posed by PVC toys.

May 28, 1997 - Swedish Minister of the Environment Anna Lindh issued a press release stating "the PVC industry has had a very long time to replace dangerous additives. It has apparently not been possible. It is therefore the PVC industry's own faul t that the PVC plastic is not accepted any longer."

July 16, 1997 - After testing teethers, rattles and toy figurines sold for babies, the Netherlands Ministry of Health found that the Dutch advised total daily intake of DINP would be exceeded by 5 - 50% for all babies sucking or chewing on PVC teet hers. "Although the phthalate concentration and migration values found do not result in an immediate danger to the health of babies, negative effects cannot be excluded. Exceeding of the total daily intake is undesirable; therefore, the ministry urges ma jor retailers to prevent babies from being exposed to phthalates in toys."

July 18, 1997 - In a letter to Greenpeace, the US Consumer Product Safety Commission stated "We will continue to gather and evaluate information on the chronic toxicity of specific phthalates, their use in children's articles and children's exposur e to these chemicals."

October 3, 1997 - Marcel Colla, Belgian Minister of Public Health urged toy retailers to take immediate voluntary measures to cease the marketing of soft PVC toys designed to be chewed by young children.

October 24, 1997 - The Philippines Department of Health issued a press statement, citing Greenpeace's findings, and called on all toy retailers and manufacturers to remove from sale "soft PVC toys and infant care products for infants/children under 3 years of age." The government also recommended the use of alternatives to soft PVC that do not require additives or softeners.

October 28, 1997 - Austrian Minister for Consumer Affairs, Barbara Prammer, issued a press release stating that PVC-free toys are desirable. She will be working to amend Austrian regulations on toys and initiate European-wide restrictions on PVC i n toys. She also called on the industry to avoid producing PVC toys and replace them with existing alternatives.

November 27, 1997 - Svend Auken, Danish Minister for the Environment and Energy asked the Danish EPA to work out a proposal for a ban on phthalate-containing toys for small children. He also asked the EU to ban hazardous substances in toys.

December 12, 1997 - The German Federal Institute for the Protection of Consumer Health and Veterinary Medicine, the BgVV, issued a statement which called on toy manufacturers to take steps to "markedly reduce the burden of softeners or to stop usin g them altogether in toys for small children." It also called on the industry "as a matter of responsibility, to see that these products do not get on the market." The BgVV further recommended that "parents not buy toys made of soft PVC for children up to three years of age, since it cannot be said with certainty that these products are safe."

December 16, 1997 - Austrian Minister of Consumer Affairs Barbara Prammer issued a draft regulation to ban the sale of certain plastic toys containing plasticizers which they are likely to be sucked or chewed by children under 3 years old. Pramme r also stated that she will work for a similar regulation at the EU level. "PVC in children's toys is an undesirable risk which could be avoided quickly and easily by using other materials."

December 1997 - The Belgian government division "Kind and Gezin (Child and Family)," which oversees the health and safety of 70,000 children in public and private day care centers and kindergartens in the Dutch-speaking part of Belgium, is providi ng information to parents, especially new mothers, recommending they not buy soft PVC toys. A letter was sent to the owners and operators of the facilities, urging them to "be critical when buying toys and choose alternatives, and not soft PVC toys." L astly, "Child and Family" called on the toy industry to ban PVC from their production lines. The French equivalent organization, O.N.E., "Office de la Naissance et de l'Enfance," acted similarly after receiving advice from its pediatric advisors in the French speaking part of Belgium.

December 18, 1997 - The municipality of Bilbao, Spain passed a resolution stating that it will not use PVC toys in public institutions.

December 19, 1997 - Following a meeting to discuss PVC toys, Rosi Bindi, the Italian Minister of Health, asked the National Health Institute to start a monitoring program to determine the possible health risks from these toys and in the meantime "w ill ask Italian toy producers to use alternative materials. Finally, more binding measures to deal with the presence of phthalates in products for children under three cannot be excluded."

January 15, 1998 - In a letter to Greenpeace Germany, the German Ministry of Health stated that "it would be highly desirable for industry to voluntarily refrain completely from selling teething rings and other baby toys made of soft PVC."

January 22, 1998 - The US Consumer Product Safety Commission issued a guidance report on lead in consumer products, requesting manufacturers eliminate the use of lead that may be accessible to children from products used in or around households, s chools or in recreation.

February 9, 1998 - Eleven US State Attorneys General wrote major US toy manufacturers such as Mattel and Hasbro, requesting information concerning lead and cadmium in PVC children's products.

February 18, 1998 - The German Ministry for Family Affairs agreed with the Minister of Health concerning the need for industry to withdraw soft PVC toys from the market.

February 1998 - The Spanish National Institute of Consumption, of the Ministry of Health and Consumption, withdrew from the market five infant teething rings because they exceeded levels of phthalates permitted by the Institute.

February 1998 - US Ambassador to the EU, Vernon Weaver, in an ongoing effort to block European Union action against PVC toys, sent a letter to the EU Directorate General for External Affairs, stating that "a sudden ban on products which have been sold for years and which is based on incomplete and perhaps erroneous information, could cause trade misunderstandings between the US and the EU."

March 10, 1998 - The Spanish health authorities sent a letter to the European Commission demanding that efforts be undertaken urgently to adopt a Community measure regarding the dangers presented by the migration of phthalates from soft PVC toys an d other children's articles.

April 24, 1998 - The EU Scientific Committee on Toxicity, Ecotoxicity and the Environment concluded that PVC teething rings made from polyvinyl chloride (PVC) leach up to ten times what is considered acceptable levels of softeners known as phthala tes.

May 11, 1998 - The Chief Health Officer of the Czech Republic, Dr. Jiri Vytlacil, informed citizens that PVC toys for children under one year of age have not been approved for marketing in the country.

May 15, 1998 - The Swedish government presented its Environment Bill to the Parliament, which includes a proposal to ban the use of softeners in toys for children under three.

May 20, 1998 - European Commission agreed on the need for a directive to specifically address soft PVC toys in the medium to long term. European Commissioner for Consumer Protection, Emma Bonino, was asked to draw up a proposal for an emergency b an.

June 10 1998 - Emma Bonino proposes an emergency ban on soft PVC teethers and imitation fruits containing the two phthalates DINP and DEHP to a meeting of the Commissioners. She failed to get the majority support of Commissioners by one vote, and is asked to return with another proposal based on further scientific advice.

June 15/16 1998 - The Scientific Committee issues another opinion following some further questions from the Commission for Consumer Protection, which confirms their previous assessment, subject to the results of the Dutch study on a standardised and validated test, due in the autumn.

July 1 1998 - Commissioner Bonino's puts a recommendation to Commissioners to invite EU Member States to take measures on soft PVC toys intended to be put into the mouth, while Community legislation for permanent protection is under way. The prop osal for emergency action is dropped.

July 7 1998 - The consultation period for the Austrian ban ended, leaving no further obstacles to implementing it. The Austrians narrowed the scope of the ban: instead of banning all softener-containing toys for children under three, they have re duced it to soft PVC toys containing phthalates only. Greenpeace still welcomed it as a speedy response to the EU recommendation, while criticising the backtracking. It was formally submitted on August 4th. The Austrian ban will come into force on 1 Janu ary 1999

July 1998 - The Italian municipality of Turin voted on a resolution to remove all soft PVC toys for children under three from public schools under the City Hall's jurisdiction. Turin joins twenty two muncipal councils in Italy, including Rome and Milan, that have voted in favour of a motion which calls for a phase-out of the use of soft PVC in toys for children under three and for their withdrawal from the market.

August 4 1998 - The Danish EPA notified the EU that Denmark is planning to issue a total ban on the use of all phthalates in all toys and child-care articles for children aged 0 to 3. This was a retreat from a former promise to protect children o f all ages. The Danish ban should enter into force by November 1998.

August 1998 - The Senate of the province of Corrientes, Argentina, has passed a resolution to maximise controls on PVC products for children under 3, particularly those that could be sucked or bitten, asking retailers in the Province of Corrientes to voluntary withdraw soft PVC toys designed to be sucked by children and deciding to inform cities that are part of the province of Corrientes and the media.

September 8 1998 - The Norwegian government is drafting proposals to control phthalates in children's toys, to be submitted before the end of September. The initiative is being taken in the context of a broad-based project aimed at limiting child ren's exposure to chemicals, to which they are thought to be particularly sensitive. They are looking at two options - one is a total ban on PVC toys containing phthalates, the other would tightly restrict sales, but not actually ban them.

September 11 1998 - The Swedish Ministry for Environment notified the EU Commission that it would ban phthalates in toys for children under three. The legal text goes further than the Austrian and Danish bans, & seems to prevent the replacement of phthalates with other chemical softeners - '… toys and childrens articles are not allowed to be sold or traded if they contain or have been treated with a chemical product and because of this can be suspected of causing harm.'. The ban is expected to come into force early next year.

September 17, 1998 - At a meeting organised by the German Federal Ministry of Health, (attended by industry groups, environmental and consumers organisations), to talk about the EU recommendation & how it should be implemented in Germany, it was c oncluded that the decision would be delegated to the BgVV, the supreme institute for consumer health protection, who would then publish a binding recommendation.

September 22 1998 - The Dutch Government released the results of the study on a standarised and validated test by the Technical Consensus Group. The Dutch Government press release says 'The study concludes that there is presently no reliable labo ratory test available for measuring phthalate release. Additional research is required.' The study also re-assessed the exposure and chewing behaviour of children and found that only children under one, in extreme cases, would be exposed over the 'safe' limits. The Dutch Consumer Union, which sat on the Technical Consensus Group, said that it 'increased doubts about the safety of these products. For the Consumer Union this is sufficient grounds for stopping sales immediately.'

September 25, 1998 - The Toy Industries of Europe (TIE) announced that it is to complain to the European Commission over Austria's decision to ban some forms of soft PVC toys. The decision to pursue Austria follows release of a Dutch study on health risks from phthalate softeners in PVC toys, which the sector believes proves their safety.

October 1998 - The Industry Directorate of the European Commission prepares a draft of long term legislation on the leaching of phthalate plasticisers from soft PVC toys. The Directive is dependent on common laboratory testing procedures, for tes ting migration limits, and could require Member States to obtain authorisation for banning soft PVC toys.

October 7, 1998 - The Council of the city of Santa Fe, in Argentina, passed a resolution demanding the Executive to "…take all the necessary actions with manufacturers, importers and retailers concerning the risk associated with soft PVC toys for infants" and "to inform the population about the risks of the use by small children of soft PVC toys".

November 16, 1998 - Health Canada, the Government consumer protection body, issued an advisory which called for soft PVC teethers and rattles to be removed from the shelves and called on parents and childcare facilities to immediately dispose of these toys.

November 27, 1998 - The Mexican Health Ministry issued a statement announcing that they would stop the import of soft PVC toys and withdraw them from the market while gathering more information.

November 30, 1998 - The European Scientific Committee reconfirms the hazards posed by soft PVC toys. After examining major recent studies on the issue, (including the one done by the Dutch Consensus Group Group which plays down the hazards posed by soft PVC toys), the Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) has reached the conclusion that the levels of chemical softeners leaching from soft PVC toys (the phthalates DINP and DEHP) exceed safety limits and give reason for concern. Greenpeace and consumer groups called once again for an emergency ban on soft PVC toys.

December 2, 1998 - The U.S. Consumer Product Safety Commission (CPSC) released the results of a study on the use of the phthalate DINP in softening some plastic toys and children's products. The study concludes that few if any children are at risk, but identified several areas of uncertainty where additional scientific research is needed. As a precaution while more scientific work is done, the CPSC staff requested industry to remove phthalates from soft rattles and teethers.

December 16 1998. The General Secretary for Consumers (Greek Ministry of Development) Ms Christina Papanikolaou. Greece announced that Greece is planning to ban PVC toys containing phthalates for children under 3.

December 18, 1998. The Norwegian EPA proposed a ban on the production, distribution, import and export of toys and other products aimed at children aged under three and containing phthalate plasticisers. It was due to take effect on July 1 1999.

December 21 1998. In a letter to 28 members of Congress, Vice President Gore (on behalf of President Clinton) announced steps to have relevant government agencies investigate the hazards of phthalates in PVC toys. In addition the Administration announced a reversal of their lobbying position on this issue with regard to stronger policies by other countries; "I have made it clear that the Departments of Commerce and State should refrain from any actions to discourage individual countries, whether in the European Union or elsewhere, from implementing precautionary measures they deem appropriate to restrict the marketing or use of products containing phthalate[s]."

January 21 1999. EU Commissioner Emma Bonino said in an interview on BBC Radio 4 (You and Yours) that that she will be reconsidering a proposal for an emergency ban on a limited number of soft PVC toys, such as those designed to go in the mouth, and that she had written to all the commissioners on the issue. This follows the letter from US Vice President Al Gore, which removes the concerns about trade barriers and will make it more likely to be agreed by Commissioners.

February 1 1999. The EU Industry Commission proposes a permanent restriction on soft PVC toys, covering toys and childcare articles INTENDED to be put into the mouth by under three's, specifying an unlimited ban on the use of DEHP, but setting a migration limit for the most commonly used phthalate DINP. The majority of EU Member States at the meeting (Germany, Spain, France, Italy, Austria, Sweden, Denmark and Greece) made it clear that they want a ban on the use of ALL phthalates in certain soft PVC toys and childcare articles and would not accept a migration-based approach.

February 1999. The Finnish Trade and Industry Minister notified the European Commission of a ban on six phthalates in concentrations above 0,05% in toys and childcare articles intended for oral use for children under three. The scope of the proposed ban in limited (only six phthalates, only for toys intended for oral use) compared to a 1984 ban on all phthalates in teethers, which was dropped when Finland joined the EU.

March 9 1999. The Italian Minister of Industry announced a ban on PVC Toys containing phthalates. The ban will take effect three months from now in order to give the EU Commission time to raise objections.

March 16 1999. All 20 EU Commissioners step down in a scandal about internal corruption. The proposal for an emergency ban is dropped as it is a controversial decision that would have to be taken by vote.

April 1 1999. The Danish ban is finalised.

May 4 1999. The European Parliament agrees a resolution on consumer policy which requests a ban of soft PVC toys for children under three containing phthalates, joining 9 EU countries which are either working on national bans and/or support EU wide bans.

July 1 1999. Norway's ban takes effect.

July 7 1999. The French Ministry of Economics, Finances and Industry suspended the production, import, export and the marketing of soft PVC toys intended to be put into the mouth by children under three, in particular teething rings, rattles and dummies, for one year as of today. The ban covers toys containing DINP, DIDP, DEHP, DBP, DNOP, BBP. Toys on the market have to be withdrawn and the costs of this have to be borne by those who put them on the market.

July 1999. Germany proposes a law, banning the use of phthalates in any toy designed to be used by a child under 36 months. It has been submitted to the EU and is now subject to a three-month standstill period while any objections from other member states are considered. A Health Ministry spokesperson said officials had not been swayed by recent British and Dutch studies validating test methods for establishing "safe limits" for the migration of phthalates from plastic items into saliva.

August 1 1999. Sweden's ban takes effect.

September 1999.
The Greek ban on sales of soft PVC toys becomes effective.

September 2-3 1999 - Before a hearing of the Environment Committee of the European Parliament, the new EU Commissioner of Consumer Protection and Health, David Byrne made the following statement on PVC toys: " This is a very important question and I am very pleased that you ask it. I am convinced that phthalates pose serious risks in certain toys. I will work for an amendment of the general product safety directive. I had detailed discussions with the directorate general and noted the concern that there has been no better success so far. 8 Member States have taken action so far, which shows that there is strong evidence about the dangers. The issue has been dealt with at high level before and I am determined to have a second bite at the cherry."

September 7 1999. A deposition was made to the French courts by the French chemical industries association (UIC) in a bid to overturn the Governments ban on soft PVC childcare items on the grounds that no evidence of adverse health effects had been found in humans.

September 30 1999. The European Scientific Committee (CSTEE) published two opinions which stated that the two leaching tests developed in the Netherlands and in the UK are not suitable for regulatory purposes due to their poor reproducibility, and that the setting up of an ISO ring test would be a "waste of resources" . Secondly, the CSTEE concluded that the use of the phthalate substitutes that were examined (citrates and adipates) cannot be supported. learned. The committee's findings re-open the possibility that the Commission may now propose an EU-wide ban on phthalates in PVC toys designed to be sucked or chewed by babies. The European Commission also said that EU governments may continue to ban toys containing phthalates as there is still no conclusive evidence it is unsafe for children.