When I wrote about the toy safety regulations Toys R Us issued for its manufacturers and learned that the U.S. Congress was working on legislation to address the same problem, I was hopeful that the legislation would be even better than the standards settled upon by Toys R Us. (Wal-Mart also put restrictions into place, but since I am more familiar with Toys R Us’ rules, I use those as my yardstick.)

I must say, I am disappointed.

The Consumer Product Safety Improvement Act of 2008 seems to provide far less protection than its toy retailer-penned counterpart. The quantities of lead that the legislation finds to be acceptable are higher than those accepted by Toys R Us, and the timeline for adhering to the rules is far lengthier. Furthermore, the legislation allows higher composition of phthalates, at the same time recognizing that it may set aside its own phthalate limits at a later date.

Lead
When it comes to lead, compare:

Toys R Us says that lead in surface coatings may not exceed 90 parts per million (ppm). The federal government says that, as of February 10, 2009, lead in surface coatings may not exceed 600 ppm. As of August 14, 2009, that figure drops to 200 ppm. It doesn’t go to 100 ppm until August 14, 2011. And that’s still higher than Toys R Us’ standards.

Also, the Consumer Product Safety Commission (CPSC) seems to be giving toy manufacturers quite a bit of wiggle room. Check out the recently-issued Request for Comments and Information and you just might get the sense that they are looking for problems with their own regulations. While soliciting information about current uses of lead in toys, the CPSC states that the above-mentioned standards will only go into effect if they are determined to be “technologically feasible.”

Phthalates
Turning our attention to phthalates:

Toys R Us began in February to remove products that contain phthalates from its store shelves, and the process should be complete by the end of 2008.

By comparison, the federal government allows children’s products to contain 0.1% of phthalates. (That may sound low, but let’s hope the phthalates aren’t in your baby’s favorite toy, being mouthed and handled over and over again. When it comes to toys and children, percent of composition is not directly indicative of exposure.

In addition, the new law calls for a report to be conducted within 180 days to assess risk of phthalate exposure. If the report finds that the risk of harm does not warrant this law, then the phthalate regulation will be rescinded. This caveat is probably not too reassuring to the parents who believe in the health risk posed by this substance.

Polyvinyl chloride
Toys R Us applies the same standard to PVC-containing products as it does to those containing phthalates; the products will be off their shelves entirely by the end of this year.The federal government did not address PVC directly in its legislation.

Ages
Toys R Us’ regulations do not stipulate the intended age of the products; they seem to apply to all products intended for market in their stores.By comparison, the federal government’s regulations apply to products marketed for children 12 and under.

The big question
Parents must also wonder how the CPSC will undertake its newly expanded responsibility. This law gives the Commission, for the first time ever, the ability to issue recalls without manufacturers’ support, and it charges the CPSC with the responsibility of toy inspection. Given that 25 million toys were recalled last year, how will the CPSC meet the demands?

To note, Toys R Us reports that it has significantly increased the frequency of third-party testing. Each batch of toys to be imported is tested, and all produce samples selected for testing are chosen by third-party, certified laboratory staff. (Previously, toy manufacturers had submitted samples; surprise, surprise, these “golden samples” were compliant.)

The good news
The best aspect of the new law may be the requirement that toy manufacturers to mark their toys with unique codes that will facilitate consumer notification in the event of a recall. Anyone who has ever tried to match a toy in front of them with a picture on a CPSC recall notice, or anyone who was troubled by the extensive recall of toys made in China by Mattel late last year will be relieved to hear this!

Toy recalls may be inevitable. Proper labeling will enable parents to act more quickly when problems arise and protect their children.

Still, it would be better if the law encouraged toymakers to label as “phthalate free” and “lead free” those products that truly are devoid of those substances. Clear, consistent labels would make it that much easier for parents to make wise purchasing decisions.

A word to the wise
Writing recently about this law, baby gooroo’s own Pauline Campos provides a list of suggestions for parents concerned about how they can keep their children safe. The suggestions are good ones (although a toilet paper roll is a good substitute for a “choke tube,” in a pinch), and parents may indeed want to pay attention to the recommended age ranges on the products they buy (particularly in light of the restricted scope of the new legislation).

However, parents may also want to take advantage of the passage of this law to contact their legislators. A good approach may be to congratulate them on their accomplishments with this law, then to voice any concerns you might have about the safety of your children’s toys. I know I will be contacting mine. I will be sure to mention my disappointment at the lack of stringency in this law, as well as my feeling that children’s toys should be LEAD FREE, PHTHALATE FREE, and SAFE.