The number of products with lead exceeding current federal standards for lead in toys (300 ppm) decreased by 2/3 (67%) since 2007. However, one in three of all toys tested (32%) this holiday season still contained one or more harmful chemical including lead, cadmium, arsenic, and mercury. In addition, 18 percent of the products tested this holiday season (119 of 669) still contained detectable lead, including the Barbie Bike Flair Accessory Kit, Dora the Explorer Activity Tote, and the Kids Poncho from WalMart.  PVC, a ‘worst in class’ plastic because of life cycle concerns, is still present in 42% of children’s products.

But what does all of this test data tell us? Hazardous chemicals are still far too commonplace in everyday consumer products. One quarter of all pet products had detectable levels of lead, including seven percent with levels higher than 300 ppm – the current Consumer Product Safety Commission (CPSC) standard for lead in children’s products. Sixty-four percent (64%) of the plastic women’s handbags contained lead over 300 ppm.  Consumers are faced with these unneccesary hazards in their homes, offices and vehicles.

The well publicized and oft criticized CPSC reforms of 2008 were clumsily implemented but did put in place critical protections against hazardous chemicals in children’s products.  But most products, including pet products and women’s handbags are not regulated by the CPSC.  And the CPSC only regulates eight chemicals in children’s products and has no system in place to adequately deal with the thousands of other chemicals on the market or provide incentives for companies to develop our future, safer chemicals.

So why will the TSCA reform of 2009 be different from the CPSC reform of 2008?  The TSCA reform package being introduced is partly based on a real-world tested regulatory system from Europe, REACH.  The REACH-type regulation has already had a “trial by fire” and will not have unintended consequences.   TSCA reform will also shifts the burden upstream to chemical manufacturers, not chemical users like manufacturer and retailers, to develop hazard information of chemicals.  Much more efficient, cost effective for chemical manufacturers to do this then 100’s of individual manufacturers.

Ultimately, TSCA reform package addresses the root problem in a common sense way, including phasing out the chemicals we know our toxic, requiring chemical manufactures to provide chemical hazard information and promoting the use and development of safer chemical alternatives.

Today, the U.S. Senate Environment & Public Works Committee will hear testimony from three key federal agencies about the need to reform the Toxic Substances Control Act (TSCA) – the obsolete law passed in 1976 to regulate chemicals.  To date, the EPA has required testing on only about 200 of the more than 80,000 chemicals that have been on the market since the law passed 33 years ago.  Senator Frank Lautenberg (D-NJ) and Representative Bobby Rush (D-IL) are expected to introduce a new bill soon to reform this outdated law.

Also today, environmental commissioners from 13 states released principles that call for updating and strengthening TSCA while preserving state implementation and management rights.  These principles include: protecting the most vulnerable including pregnant women and children; requiring manufacturers to provide health, safety, and use data on chemicals; demonstrating that chemicals in commerce are safe; identifying safer alternatives to toxic chemicals in keeping with the principles of green chemistry; and, assessing the safety of emerging chemicals of concern including nanoscale materials before they enter into widespread commerce.  The following states joined in issuing the principles:  California, Connecticut, Illinois, Maine, Massachusetts, Maryland, Michigan, New Hampshire, New Jersey, New York, Oregon, Vermont and Washington.