I just got an email from the Juvenile Products Manufacturers Association (JPMA) that I found extremely disturbing.

Here’s the background. The state of California recently passed a ban on phthalates, which are chemical additives used to soften plastics, and commonly used in the manufacture of children’s toys. They have been linked to breast cancer, early puberty in girls, reduced testosterone levels, lowered sperm counts, genital defects in baby boys and testicular cancer. Modeled on legislation from the European Union and other countries around the world, this new law will help protect our children by reducing unnecessary exposure to these toxic chemicals. It goes into effect on January 1, 2009. More info here on CA AB1108

Hooray, right? I mean, finally…a step in the right direction to protect our children from the toxic soup of dangerous chemicals used in toys and children’ s products, most of which have not even been tested for potential harmful effects. Phthalates *have* been tested, and proven to be harmful, which is why CA Governor Schwartzenegger took immediate action to get them off the market.

Even more horrifying is the fact that babies explore the world with their mouths, and so come into direct oral contact with many of these products, ingesting both surface and leached toxins by sucking, biting and chewing the plastic.

You’d THINK that companies that specialize in children’s products might be on board with this law and be willing to find non-toxic alternatives. You’d think that an association representing children’s product manufacturers might even spearhead a ban on toxic substances, just for oh…consumer trust purposes? Or maybe they’d like to go to sleep at night knowing that they’re not poisoning their customer base and setting them up for a dose of cancer or infertility years down the road?

Well, you’d be wrong.

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Dear Juvenile Product Retailer:

The Juvenile Products Manufacturers Association (JPMA) has received several inquiries recently about the issue of the California phthalate ban and whether or not the CPSIA pre-empts it. The California phthalate law (CA AB 1108) does go into effect on 1/1/2009. It was signed into law by Governor Schwarzenegger in October 2007. JPMA opposed this legislation on several fronts, joining with a couple of coalitions organized by the Toy Industry and the American Chemistry Council, to no avail. The bill prohibits the manufacture, sale and distribution of toys and child care products used by children under the age of three that contain phthalates. This would include cribs which may have plasticizers in the finish. There is no sell-through provision in the law which means inventory must be phthalate free by the effective date.

The Consumer Products Safety Improvement Act of 2008 (CPSIA), also known as H.R. 4040, also contains a phthalate provision which bans three phthalates, DEHP, DBP, and BBP in concentration of more than 0.1% in “children’s toys” or “child care articles.” A “children’s toy” means a product intended for a child 12 years of age or younger for use when playing, and a “child care article” means a product that a child 3 yrs. old and younger would use for sleeping, feeding, sucking or teething.

Three additional phthalates, DINP, DIDP, and DnOP, have been prohibited pending further study and review by a group of outside experts and the Commission. This interim prohibition applies to child care articles or toys that can be placed in a child’s mouth or brought to the mouth and kept in the mouth so that it can be sucked or chewed that contains a concentration of more than 0.1% of the above phthalates.

There is a sell-through provision in the federal law; in essence, the federal bill applies to a manufacture date of 2/10/2009 (unlike the state bill). It is industry’s position that the federal law preempts the California law; however, the state attorney general in California recently sent a letter to the CPSC general counsel indicated his belief that there was no preemption. In addition, the National Defense Resources Council has sued the CPSC seeking an injunction against allowing them to permit the sell through provision.

What we don’t know is, Can/will the CPSC supersede California from enforcing its phthalate ban? JPMA is currently working with Counsel Rick Locker to get additional information.

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So not only did the JPMA OPPOSE a ban on phthalates to begin with, in the face of research showing that these chemicals are dangerous and toxic, especially to young children, they are now arguing that retailers should be allowed to keep selling these products until they are all gone.

THIS, from an association that is “dedicated to promoting the industry and the safe use of juvenile products.” Well, which one, guys? The industry, or the safe use? Looks like the industry to me.

You know, this stuff is deadly, but I can make $3 off that toy, so I’m going to sell it to some kid. And after THAT, I’ll stop selling it. But only because I have to.

WTF??? This is some majorly evil sh*t, people. Excuse my language, but this kind of thing is deserving of it. As a parent, I am angry, disgusted, sickened and appalled. As a retailer of children’s products, I am angry, disgusted, sickened and appalled. Toy manufacturers are selling out the health and well-being of innocent children for the sake of the almighty dollar, fighting a ban on toxics tooth and nail, and then trying to dump the last of their toxic garbage on innocent children to make a few last bucks while they still can.

Wouldn’t it be great if the JPMA and the American Chemistry Council and the Toy Manufacturers of America took the money they are spending on legal teams to fight bans on toxic chemicals, and instead spent that money on finding safe and non-toxic alternatives to phthalates (and Bisphenol A too, while they’re at it)?

It would, I think. If you agree, you are welcome to email the JPMA and let them have a piece of your mind on the subject:

E-mail: jpma@ahint.com
You can find more addresses and phone numbers here:

http://www.jpma.org/index2.cfm?section=Contact

And in the meantime, don’t buy plastic toys, period. Buy from companies that promote non-toxic toys. They deserve your money, not the slimebags who are trying to make a fast buck by compromising the health of future generations and our planet itself.

National Geographic’s Green Guide to Natural Toys is a good place to start. I personally love Magic Cabin and Nova Natural Toys and Crafts , they both have an awe-inspiring variety of remarkable, high-quality toys that your kids will love.

Also, your kids just plain don’t need that much. Better to spend your budget on one or two toys that will last and be truly cherished, than on a boatload of junk that won’t make it past a year.

Happy holidays to all of you! May every gift you give and receive be truly enjoyed, and may the whining in your house be minimal.