Personal Injury Law

Congress has agreed to permanently ban three types of chemicals for children's toys, as well as outlaw three others from pending products. The chemicals, called phthalates, are added to plastic to make them softer and more durable. They are also added to items, such as lotions, perfumes and shampoos. 1999 study conducted by the FDA showed them in every one of the 1000 products tested, proving their ubiquity.

The ban, which will take place in six months, is a major victory for health experts and parents who have been asking the government to remove these harmful chemicals found in toys. It also seems to show that the pendulum is swinging toward consumers and away from the chemical industry and their ability to fight off regulation.

Potential Storm Clouds

While the measure had broad support in Congress, it slowed in the House due to the chemical lobby pouring millions into its defeat. The chemical industry, perhaps unsurprising, was lead by Exxon Mobil. Exxon is the manufacturer of diisononyl phthalate (DINP), one of the most frequently found phthalates in children's toys. This is a further concern for the chemical industry because U.S. companies manufacture $1.4 billion of phthalates annually, and only five percent of those go into children's toys, according to the American Chemistry Council.

On top of the chemical industry fighting to keep phthalates, President Bush has said he'll veto the measure. The President claims there is no evidence that the health concerns are real.

In an Orwellian turn of events, Exxon Mobil contends that by removing phthalates, more children will be exposed to greater risks. They contend that more hazardous chemical will have to be added to replace phthalates.

Phthalates are thought to act as a hormone and cause reproductive problems, especially in boys. In a study conducted in 2005 by the Center for Reproductive Epidemiology, male infants born to mothers with high levels of the chemical in their bodies showed changes related to low sperm count and undescended testicles. Other studies connect phthalates to liver and kidney cancer.

Phthalates have been part of the chemical makeup of thousands of products for nearly half a century. The EU banned six phthalates in 1999, and many other countries have followed suit. California, Washington, and Vermont are the only three states to already have legislation banning these chemicals from children's products. Wal-Mart, Toys R Us, and Babies R Us have also already told their suppliers that they will stop carrying products that contain phthalates beginning January 1, 2009. This gives them one more holiday season in which to sell harmful toys to unsuspecting parents.

If you or a loved one has been injured by a defective product, please contact an experienced injury lawyer in your area.