On Monday, Republican Senator Phil Boyle and Democratic Assemblyman Steve Englebright of New York said they would reintroduce legislation intended to ban the use of toxic chemicals in children’s toys. The measure, which failed to pass the state Senate last year, would require manufacturers to phase out the use of benzene, mercury, cadmium, and cobalt.
According to toy industry groups, strong federal regulations already exist for the four chemicals and similar substances. Mercury and cadmium are both specifically regulated in surface coatings and substrate materials by the mandatory federal toy standard, ASTM F963, while benzene is prohibited in toys by the Federal Hazardous Substances Act (FHSA). Cobalt metal and hazardous cobalt compounds, meanwhile, are regulated in toys under the general FHSA prohibitions against the use of accessible substances that are acutely or chronically toxic, eye or skin irritants, carcinogenic, reproductive or developmental toxins, etc.
Toy industry groups are currently waiting to see what the final bill looks like, but there is concern over potential changes to the way in which manufacturers need to approach chemical safety, especially if the new requirements differ from existing federal laws.
In a statement, the Toy Industry Association (TIA) argued that the toy industry is already heavily regulated, pointing to a network of strict environmental and safety requirements protecting children, including the Consumer Product Safety Act and more than 100 tests for toy safety.
“It is illegal to sell toys or children’s products containing substances known to be harmful to children and to which children might be exposed,” says the TIA. “As an industry that creates magical products for children, toy companies hold themselves to the highest possible standard of care.”