A Game-Time Decision: NY Federal Court Says Phthalates Ban Applies to Products in Inventory and on Store Shelves
Kelley Drye Client Advisory
February 6, 2009
This Client Advisory describes an important new development regarding the February 10 deadline for new restrictions under the Consumer Product Safety Improvement Act (“CPSIA”) on phthalates in children’s products and children’s toys.

On February 5, the U.S. District Court for the Southern District of New York issued a memorandum opinion and order concluding that “the phthalate prohibitions unambiguously apply to existing inventory” and setting aside a previous advisory opinion from the Consumer Product Safety Commission's general counsel. This decision adds another layer of complexity as manufacturers, importers, distributors, and retailers of children’s products are scrambling first to understand the requirements and then to comply with them.