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Ban on Goods Using Certain Flame Retardant Still under Consideration

The CPSC has extended from 19 October 2015 to 19 January 2016 the deadline for interested parties to submit input on a petition requesting that several categories of products containing additive organohalogen flame retardants be declared banned hazardous substances under the Hazardous Substances Act. In addition, the CPSC will allow parties wishing to make oral presentations to do so on 9 December (requests to make any such presentations must be submitted by 2 December).

The requested ban would cover durable infant or toddler products, children’s toys, child care articles, other children’s products (other than children’s car seats), upholstered furniture sold for use in residences, mattresses, mattress pads and electronic devices containing organohalogen flame retardants. The petitioners assert that the targeted chemicals are used extensively in the consumer products categories that would be covered by their rulemaking request. They add that, based on the physicochemical properties of additive organohalogen flame retardants, all such chemicals in this class will migrate out of consumer products and persist in the indoor environment. The petitioners contend that because organohalogen flame retardants are foreign to the human body and inherently toxic due to their physical, chemical and biological properties, human exposure to these chemicals will result in adverse human health impacts.

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