CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: New York proposes banning bisphenols in childcare products

march 2018 - Relevant for: Toys & children's products INDUSTRY

New York State has proposed “Bisphenol free children and babies Act”¹ banning more bisphenols in pacifiers and unfilled beverage containers intended for used by children of three years of age or younger (“childcare products”). The Act would become effective on 31 December 2019 once signed by the Governor.

Highlights of the Act are summarised as follows:

• No person or businesses would be allowed to sell or distribute any childcare product containing bisphenols.
• “Bisphenols” means bisphenol AF (BPAF), bisphenol Z (BPZ), bisphenol S (BPS), bisphenol F (BPF), bisphenol AP (BPAP), and bisphenol B (BPB).
• “Childcare products” means all pacifiers and unfilled beverage containers to be used by children under three years old for the consumption of liquids including pacifiers, baby bottles, baby bottle liners and cups, cup lids, straws and sippy cups.
• The Environmental Conservation Commission may authorise the use of “Bisphenol Free” labelling to inform consumers that the products do not contain bisphenols.

• The Act shall not apply to the sale or offered for sale of child care products resold or offered for resale, or distributed by consumers for consumer use.

Back to 2009, New York already passed an Act to ban bisphenol A (BPA)² in childcare products. Industry started to look for potential alternatives to other non-regulated bisphenols. However, due to their potential reprotoxic character, the use of bisphenols is not recommended. This proposed Act expanded the number of bisphenols to encourage companies to find safer substitutions.

[1] A09997
[2] Environmental Conversation Law, §37-0501 - §37-0511