Ranking Members Waxman and Schakowsky Release Statements on Chronic Hazard Advisory Panel Report

Press Release

Today Rep. Henry A. Waxman and Rep. Jan Schakowsky released statements in reaction to the final report of the Chronic Hazard Advisory Panel on Phthalates, convened by the Consumer Product Safety Commission.

"This expert panel has demonstrated that the bans we put in place in the Consumer Product Safety Improvement Act have been effective, and has provided the basis for expanding those bans to provide greater protection for human health," said Energy and Commerce Committee Ranking Member Waxman.

"I hope to see CPSC and other responsible agencies move quickly on these findings to ensure a reasonable certainty of no harm from phthalates," said Commerce, Manufacturing, and Trade Subcommittee Ranking Member Schakowsky.

On Friday, the CPSC released the final report of the CHAP, an expert panel convened pursuant to the Consumer Product Safety Improvement Act of 2008 (CPSIA). The CHAP found evidence of serious hazards associated with all considered phthalates, including developmental toxicity, reproductive toxicity, and carcinogenicity. The panel recommended that CPSC preserve existing bans on four phthalate chemicals and institute bans on an additional five.

The CHAP also recommended that other federal agencies initiate proceedings to limit exposures to all of the considered phthalates in foods, pharmaceuticals, and cosmetics in order to prevent unnecessary and dangerous exposures to these harmful chemicals.

In the same report, the CHAP recommended lifting the existing interim ban on two phthalate chemicals, DIDP and DNOP, which have already been phased out of use in children's toys and child care articles.

"Unfortunately, that CHAP recommendation was not based on a finding of safety, for the CHAP found that DIDP and DNOP harm the liver, thyroid, immune system, and kidneys, and that there are significant exposures in both children and pregnant women," said Rep. Waxman.

According to the report, the recommendation to lift the interim bans is based on the relatively low exposures from children's toys and child care articles, compared to food and child care products. However, CPSIA required the CHAP to consider the "cumulative effect of total exposure to phthalates," meaning from all sources, and to determine a level at which there is a "reasonable certainty of no harm to children, pregnant women, or other susceptible individuals." The CHAP did not find such a level. CPSIA also instructed CPSC to act on the recommendations of the CHAP to ensure a reasonable certainty of no harm.

"While the CHAP confirmed our understanding about the harms associated with these chemicals by recommending a ban on nine phthalates, the evidence included in the CHAP report suggests that lifting the interim ban on DIDP and DNOP would not meet CPSIA's required standard of protection," said Rep. Schakowsky.

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