US - CPSC Seeks Public Comment on DINP Restriction in Toys and Childcare Articles

​The Consumer Product Safety Commission (CPSC) is seeking public comments following a Federal court opinion remanding the Commission's final phthalates rule to allow the CPSC to address two procedural deficiencies found by the court. It is going to seek public comment regarding the justification for the phthalates final rule and the staff's cost-benefit analysis for continuing the interim prohibition on DINP.

On December 30, 2014, the Consumer Products Safety Commission (CPSC) published a notice of proposed rulemaking (NPRM) in the Federal Register. The CPSC published a final rule on October 27, 2017, with an effective date of April 25, 2018. The final rule was substantially the same as the proposed rule. The preambles of the NPRM and final rule provide more detailed discussions of the Chronic Hazard Advisory Panel (CHAP) report and staff's technical analysis and findings in support of the rule.

In December 2017, the Texas Association of Manufacturers and others petitioned the US Court of Appeals for the Fifth Circuit for a review of the final rule. In March 2021, the court remanded without vacating the phthalates final rule to the CPSC to address two procedural deficiencies found by the court. As the court did not vacate the final rule, so the rule remains in effect.

Written comments should be submitted to the CPSC by May 9, 2022.