Does the prohibition on phthalates apply to sporting goods?

The category of products known as sporting goods can include toys but not all sporting goods are toys. Indeed, the ASTM F963 toy safety standard, which becomes a mandatory consumer product safety standard on February 10, 2009, does not define sporting goods equipment to be a toy unless the product is a toy version of sporting goods equipment. However, childrens toy in section 108 of the CPSIA is defined broadly as a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays. Therefore, any determination as to whether a particular sporting goods product would be a toy as defined under section 108, and therefore, subject to the ban on phthalates, would be made on a case by case basis after consideration of the following factors: • A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable. • Whether the product is represented in ...  more