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CPSC Ban on DINP Is Arbitrary and Capricious

Public trust depends on regulations based on science, not politics

Sarah Jane Scruggs

WASHINGTON (September 14, 2017) – The High Phthalates Panel of the American Chemistry Council (ACC) released the following statement today in response to the Consumer Product Safety Commission’s (CPSC) final rule on phthalates, which bans the phthalate DINP in toys and childcare articles. The final rule is based on the CPSC Chronic Hazard Advisory Panel (CHAP) on Phthalates report that was released in July 2014.

“The decision to ban DINP is arbitrary and capricious. The public, businesses and regulators at other federal agencies expect CPSC to develop reliable information about the potential hazards and risks associated with chemicals. Public trust depends on regulations that are based on sound science, not politics.

“From the beginning of this rulemaking process, ACC has questioned the science supporting the agency’s decisions, as well as the process by which those decisions are developed. This rule is not based on the current science, but instead, is based on a scientifically unjustified report that was finalized without public input. The most recent exposure data demonstrates that the cumulative exposure to the phthalates that are the subject of the rule is actually well below any level of concern – even for sensitive populations.

“Phthalates have been safely used in consumer and commercial products for more than 50 years to enhance durability, flexibility and performance. Phthalates are primarily used to make polyvinyl chloride (PVC or vinyl) flexible and are used in hundreds of products in our homes, hospitals, cars and businesses. Phthalates are some of the most tested substances in commerce and the scientific data about their safety has been reviewed by multiple government agencies in the United States, Europe and Australia, including previous reviews by the CPSC.

“The public should be able to trust that regulations are developed transparently, and based on the best available science, with public participation throughout the process. The decision to ignore the science and ban a chemical from a whole segment of the marketplace sets a poor precedent for future rulemaking.” 

American Chemistry Council

The American Chemistry Council (ACC) represents the leading companies engaged in the multibillion-dollar business of chemistry. ACC members apply the science of chemistry to make innovative products, technologies and services that make people's lives better, healthier and safer. ACC is committed to improved environmental, health, safety and security performance through Responsible Care®; common sense advocacy addressing major public policy issues; and health and environmental research and product testing. ACC members and chemistry companies are among the largest investors in research and development, and are advancing products, processes and technologies to address climate change, enhance air and water quality, and progress toward a more sustainable, circular economy.

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