---
kind: "section"
citation: "15 U.S.C. § 2057c"
title: "15"
title_heading: "Commerce and Trade"
number: "2057c"
heading: "Prohibition on sale of certain products containing specified phthalates"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2057c"
units:
  - "Chapter 47 — Consumer Product Safety"
---

# §2057c. Prohibition on sale of certain products containing specified phthalates

- (a) **Prohibition on the sale of certain products containing phthalates—** Beginning on the date that is 180 days after August 14, 2008, it shall be unlawful for any [person](/usc/15/7a.md?p=6) to manufacture for sale, offer for sale, distribute in [commerce](/usc/15/2052.md?p=a-3), or [import](/usc/15/2052.md?p=a-9) into the [United States](/usc/15/2052.md?p=a-17) any [children](/usc/15/2052.md?p=a-2)’s toy or child care article that contains concentrations of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP).
- (b) **Prohibition on the sale of additional products containing certain phthalates—**
  - (1) **Interim prohibition—** Beginning on the date that is 180 days after August 14, 2008, and until a final rule is promulgated under [paragraph (3)](#b-3), it shall be unlawful for any [person](/usc/15/7a.md?p=6) to manufacture for sale, offer for sale, distribute in [commerce](/usc/15/2052.md?p=a-3), or [import](/usc/15/2052.md?p=a-9) into the [United States](/usc/15/2052.md?p=a-17) any [children](/usc/15/2052.md?p=a-2)’s toy that can be placed in a child’s mouth or child care article that contains concentrations of more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).
  - (2) **Chronic Hazard Advisory Panel—**
    - (A) **Appointment—** Not earlier than 180 days after August 14, 2008, the [Commission](/usc/15/2052.md?p=a-4) shall begin the process of appointing a Chronic Hazard Advisory Panel pursuant to the procedures of section 28 of the [Consumer Product](/usc/15/2052.md?p=a-5) Safety Act ([15 U.S.C. 2077](/usc/15/2077.md)) to study the effects on [children](/usc/15/2052.md?p=a-2)’s health of all phthalates and phthalate alternatives as used in [children](/usc/15/2052.md?p=a-2)’s toys and child care articles.
    - (B) **Examination—** The panel shall, within 18 months after its appointment under [subparagraph (A)](#b-2-A), complete an examination of the full range of phthalates that are used in products for [children](/usc/15/2052.md?p=a-2) and shall—
      - (i) examine all of the potential health effects (including endocrine disrupting effects) of the full range of phthalates;
      - (ii) consider the potential health effects of each of these phthalates both in isolation and in combination with other phthalates;
      - (iii) examine the likely levels of [children](/usc/15/2052.md?p=a-2)’s, pregnant women’s, and others’ exposure to phthalates, based on a reasonable estimation of normal and foreseeable use and abuse of such products;
      - (iv) consider the cumulative effect of total exposure to phthalates, both from [children](/usc/15/2052.md?p=a-2)’s products and from other sources, such as personal care products;
      - (v) review all relevant data, including the most recent, best-available, peer-reviewed, scientific studies of these phthalates and phthalate alternatives that employ objective data collection practices or employ other objective methods;
      - (vi) consider the health effects of phthalates not only from ingestion but also as a result of dermal, hand-to-mouth, or other exposure;
      - (vii) consider the level at which there is a reasonable certainty of no harm to [children](/usc/15/2052.md?p=a-2), pregnant women, or other susceptible individuals and their offspring, considering the best available science, and using sufficient safety factors to account for uncertainties regarding exposure and susceptibility of [children](/usc/15/2052.md?p=a-2), pregnant women, and other potentially susceptible individuals; and
      - (viii) consider possible similar health effects of phthalate alternatives used in [children](/usc/15/2052.md?p=a-2)’s toys and child care articles.

      The panel’s examinations pursuant to this paragraph shall be conducted de novo. The findings and conclusions of any previous Chronic Hazard Advisory Panel on this issue and other studies conducted by the [Commission](/usc/15/2052.md?p=a-4) shall be reviewed by the panel but shall not be considered determinative.

    - (C) **Report—** Not later than 180 days after completing its examination, the panel appointed under [subparagraph (A)](#b-2-A) shall report to the [Commission](/usc/15/2052.md?p=a-4) the results of the examination conducted under this section and shall make recommendations to the [Commission](/usc/15/2052.md?p=a-4) regarding any phthalates (or combinations of phthalates) in addition to those identified in [subsection (a)](#a) or phthalate alternatives that the panel determines should be declared banned hazardous substances.
  - (3) **Permanent prohibition by rule—** Not later than 180 days after receiving the report of the panel under [paragraph (2)(C)](#b-2-C), the [Commission](/usc/15/2052.md?p=a-4) shall, pursuant to [section 553 of title 5](/usc/5/553.md), promulgate a final rule to—
    - (A) determine, based on such report, whether to continue in effect the prohibition under [paragraph (1)](#b-1), in order to ensure a reasonable certainty of no harm to [children](/usc/15/2052.md?p=a-2), pregnant women, or other susceptible individuals with an adequate margin of safety; and
    - (B) evaluate the findings and recommendations of the Chronic Hazard Advisory Panel and declare any [children](/usc/15/2052.md?p=a-2)’s product containing any phthalates to be a banned hazardous product under section 8 of the [Consumer Product](/usc/15/2052.md?p=a-5) Safety Act ([15 U.S.C. 2057](/usc/15/2057.md)), as the [Commission](/usc/15/2052.md?p=a-4) determines necessary to protect the health of [children](/usc/15/2052.md?p=a-2).
- (c) **Application—** Effective on August 12, 2011,[^1] subsections [(a)](#a) and [(b)(1)](#b-1) and any rule promulgated under [subsection (b)(3)](#b-3) shall apply to any plasticized component part of a [children](/usc/15/2052.md?p=a-2)’s toy or child care article or any other component part of a [children](/usc/15/2052.md?p=a-2)’s toy or child care article that is made of other materials that may contain phthalates.
- (d) **Exclusion for inaccessible component parts—**
  - (1) **In general—** The prohibitions established under subsections [(a)](#a) and [(b)](#b) shall not apply to any component part of a [children](/usc/15/2052.md?p=a-2)’s toy or child care article that is not accessible to a child through normal and reasonably foreseeable use and abuse of such product, as determined by the [Commission](/usc/15/2052.md?p=a-4). A component part is not accessible under this paragraph if such component part is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product. Reasonably foreseeable use and abuse shall include swallowing, mouthing, breaking, or other [children](/usc/15/2052.md?p=a-2)’s activities, and the aging of the product.
  - (2) **Limitation—** The [Commission](/usc/15/2052.md?p=a-4) may revoke an exclusion or all exclusions granted under [paragraph (1)](#d-1) at any time and require that any or all component parts [manufactured](/usc/15/2052.md?p=a-10) after such exclusion is revoked comply with the prohibitions established under subsections [(a)](#a) and [(b)](#b) if the [Commission](/usc/15/2052.md?p=a-4) finds, based on scientific evidence, that such compliance is necessary to protect the public health or safety.
  - (3) **Inaccessibility proceeding—** Within 1 year after August 12, 2011, the [Commission](/usc/15/2052.md?p=a-4) shall—
    - (A) promulgate a rule providing guidance with respect to what product components, or classes of components, will be considered to be inaccessible for purposes of [paragraph (1)](#d-1); or
    - (B) adopt the same guidance with respect to inaccessibility that was adopted by the [Commission](/usc/15/2052.md?p=a-4) with regards to accessibility of lead under [section 1278a(b)(2)(B) of this title](/usc/15/1278a.md?p=b-2-B), with additional consideration, as appropriate, of whether such component can be placed in a child’s mouth.
  - (4) **Application pending commission guidance—** Until the [Commission](/usc/15/2052.md?p=a-4) promulgates a rule pursuant to [paragraph (3)](#d-3), the determination of whether a product component is inaccessible to a child shall be made in accordance with the requirements laid out in [paragraph (1)](#d-1) for considering a component to be inaccessible to a child.
- (e) **Treatment of violation—** A violation of subsection [(a)](#a) or [(b)(1)](#b-1) or any rule promulgated by the [Commission](/usc/15/2052.md?p=a-4) under [subsection (b)(3)](#b-3) shall be treated as a violation of section 19(a)(1) of the [Consumer Product](/usc/15/2052.md?p=a-5) Safety Act ([15 U.S.C. 2068(a)(1)](/usc/15/2068.md?p=a-1)).
- (f) **Treatment as consumer product safety standards; effect on State laws—** Subsections [(a)](#a) and [(b)(1)](#b-1) and any rule promulgated under [subsection (b)(3)](#b-3) shall be considered [consumer product](/usc/15/2052.md?p=a-5) safety standards under the [Consumer Product](/usc/15/2052.md?p=a-5) Safety Act [[15 U.S.C. 2051](/usc/15/2051.md) et seq.]. Nothing in this section or the [Consumer Product](/usc/15/2052.md?p=a-5) Safety Act ([15 U.S.C. 2051](/usc/15/2051.md) et seq.) shall be construed to preempt or otherwise affect any [State](/usc/15/2052.md?p=a-15) requirement with respect to any phthalate alternative not specifically regulated in a [consumer product](/usc/15/2052.md?p=a-5) safety standard under the [Consumer Product](/usc/15/2052.md?p=a-5) Safety Act.
- (g) **Definitions—**
  - (1) **Defined terms—** As used in this section:
    - (A) The term “phthalate alternative” means any common substitute to a phthalate, alternative material to a phthalate, or alternative plasticizer.
    - (B) The term “[children](/usc/15/2052.md?p=a-2)’s toy” means a [consumer product](/usc/15/2052.md?p=a-5) designed or intended by the [manufacturer](/usc/15/2052.md?p=a-11) for a child 12 years of age or younger for use by the child when the child plays.
    - (C) The term “child care article” means a [consumer product](/usc/15/2052.md?p=a-5) designed or intended by the [manufacturer](/usc/15/2052.md?p=a-11) to facilitate sleep or the feeding of [children](/usc/15/2052.md?p=a-2) age 3 and younger, or to help such [children](/usc/15/2052.md?p=a-2) with sucking or teething.
    - (D) The term “[consumer product](/usc/15/2052.md?p=a-5)” has the meaning given such term in section 3(a)(1) of the [Consumer Product](/usc/15/2052.md?p=a-5) Safety Act ([15 U.S.C. 2052(a)(1)](/usc/15/2052.md?p=a-1)).
  - (2) **Determination guidelines—**
    - (A) **Age—** In determining whether products described in [paragraph (1)](#g-1) are designed or intended for use by a child of the ages specified, the following factors shall be considered:
      - (i) A statement by a [manufacturer](/usc/15/2052.md?p=a-11) about the intended use of such product, including a label on such product if such statement is reasonable.
      - (ii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by [children](/usc/15/2052.md?p=a-2) of the ages specified.
      - (iii) Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified.
      - (iv) The Age Determination guidelines issued by the [Commission](/usc/15/2052.md?p=a-4) staff in September 2002 and any successor to such guidelines.
    - (B) **Toy that can be placed in a child’s mouth—** For purposes of this section a toy can be placed in a child’s mouth if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the [children](/usc/15/2052.md?p=a-2)’s product can only be licked, it is not regarded as able to be placed in the mouth. If a toy or part of a toy in one dimension is smaller than 5 centimeters, it can be placed in the mouth.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 110–314, title I, § 108, Aug. 14, 2008, 122 Stat. 3036; Pub. L. 112–28, § 5(a), Aug. 12, 2011, 125 Stat. 280.)

## Notes

### Editorial Notes

### References in Text

August 12, 2011, referred to in subsec. (c), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 112–28, which enacted subsec. (c), to reflect the probable intent of Congress.

The Consumer Product Safety Act, referred to in subsec. (f), is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2051 of this title and Tables.

### Codification

Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter.

### Amendments

2011—Subsecs. (c) to (g). Pub. L. 112–28 added subsecs. (c) and (d) and redesignated former subsecs. (c) to (e) as (e) to (g), respectively.

### Statutory Notes and Related Subsidiaries

### Definition

For definition of “Commission” used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title.