Jean M. Hoffman
Senior Editor
In February, Toys“R”Us Inc. joined
the ranks of Sears Holdings (Sears
and Kmart), Wal-Mart, and Target
when it announced a new policy: It
will systematically phase out products
containing polyvinyl chloride (PVC or
vinyl). The toy retailer was responding
to consumers concerned about
numerous toy recalls last year and an
aggressive anti-PVC campaign spearheaded
by the Center for Health, Environment,
and Justice (CHEJ).
Toys“R”Us has told all its manufacturers
that products they ship after
March 1 must comply with strict
new standards. These include morefrequent
third-party testing of toy
samples, date coding of all products,
a more-stringent standard of 90 ppm
for lead in surface coatings (the federal
standard is 600 ppm), the elimination
of nickel-cadmium batteries, as well
the reduction of PVC use. By the end
of 2008, juvenile products sold in any
Toys“R”Us or Babies“R”Us store in the U.S. must be produced without
the addition of phthalates (a group of
plasticizers that make vinyl toys soft,
flexible, and durable). In addition,
Toys“R”Us says future efforts will focus
on giving customers toys that are
PVC-free.
Concerns over PVC use in toys
and children’s articles, particularly
those intended for the mouth, were
first raised in a petition from an activist
group to the Consumer Products Safety Commission (CPSC) in 1998.
The standards for toys are set by the
CPSC. The Phthalate Esters Panel of
the American Chemistry Council
(ACC) says concerns were based on
negative health effects seen in rats and
mice fed high doses of the phthalate
DEHP over extended periods. “To be
ultraconservative,” it says, “the CPSC
suggested that manufacturers stop using
phthalates in soft rattles and teething
rings, i.e., articles intended for the mouth.” American manufacturers
complied. The Toy Industry Association
(TIA) also agreed
and later incorporated the
phthalate ban for rattles
and tethers into the
Consumer Safety
Specification for Toy
Safety ASTM F963.
The EU took a
more precautionary
approach on
the subject despite
objections from the
European Council of
Plasticizers and Intermediates
(ECPI) which
accused the European
Commission of “putting politics
before science.” In 1999 the
European Parliament imposed a temporary
three-month ban on the use of
three phthalate plasticizers — DEHP,
DBP, and BBP — in all children’s toys
and child-care items. It also banned
the use of three others — DINP, DIDP,
and DNOP — in toys and child-care
items that children can put in their
mouths. The ban was repeatedly renewed
and officially came into effect
in 2007.
“There is an important point to remember
regarding the EU phthalate
bans,” says Louis R. Cappucci, vice
president of the Teknor Apex’s Vinyl
Div., Pawtucket R.I. “The EU scientific
community conducted an extensive
review of the toxicology and found
that no ban was necessary — phthalates
were safe to use in the toy market.
The phthalate ban was imposed by the
Legislature before the scientific review
was complete.” Teknor Apex is not a
major supplier of vinyl to the toy industry,
but it does supply plasticizers
to a range of industries that could be
affected if the “blanket” ban on PVC
use by retailers comes to fruition.
Based on EU and other U.S. scientific
reviews (including the CPSC
review of phthalates), Cappucci says
Teknor has no plans to phase out the
banned phthalates. “Teknor has plasticizer
alternatives to phthalates for
many applications, but few customers
have been willing to pay the increased
costs of the alternatives. Basically, they
get less performance for more money,”says Cappucci. “All the products we
produce for the medical and many
other markets meet the requirements
set by the FDA, CPSC, NSF, UL, and
other organizations that develop standards
for the industries we serve.”
The European Council of Vinyl
Manufacturers (ECVM) also expressed
concern that legislation in
Brussels misused the precautionary
principle. “DINP is by far the most
common phthalate used in the production
of toys,” says ECVM. “There are
alternatives to phthalates which could
be used but they have not been tested
or researched nearly as thoroughly. It
is therefore very concerning that the
EU is forcing substitution when less
is known about the alternatives than
about the existing substances.”
One phthalate-free plasticizer is
Hexamoll DINCH from BASF Aktiengesellschaft
in Germany. The PVC
plasticizer was developed specifically
for use in sensitive applications including
toys and medical devices. Thanks
to the 4th Amendment of Directive
2002/72/EC, which regulates additives and monomers in contact with
food, BASF expects it to see more use
in food-contact applications such as
packing films, tubes, and seals.
PVC debate to date
The PVC battle has raged for the
past decade. One problem: Consumers
and activists want categorical assurances
that chemicals used in toys
and child-care articles are absolutely
safe. But scientists can only state that
there’s no evidence to suggest danger.
This answer sounds weak in comparison
to salacious assertions from the
media savvy anti-PVC camp whose
ultimate goal is the complete elimination
of PVC use, period. A PVC ban
would include everything from Tygon
tubing, garden hoses, shower curtains,
wire and cable insulation, vinyl siding
and miniblinds, and pipes, to toys and
medical devices. Some environmentalists
feel that PVC and its monomer
polyvinyl chloride are so toxic that the
only way to ensure human safety is
to shut down every PVC plant. Some
have even proposed digging a giant pit
that’s triple lined with protective films
and burying every shred of PVC that’s
ever been produced.
Opponents, including TIA, have
decried many anti-PVC media reports
as incendiary and scientifically irresponsible.
For example, Dr. Shanna
Swan, director of the Center for Reproductive
Epidemiology at the University
of Rochester School of Medicine
and Dentistry, first made headlines
in 2005 when her report Decrease
in anogenital distance among male
infants with prenatal phthalate exposure
hit the airwaves. “The importance
of what the study attempted to establish,
and what it did not, was quickly
lost in media coverage,” says Rebecca
Goldin, George Mason University associate
professor and member of the
nonprofit, nonpartisan Statistical Assessment
Service organization. The
STATS goal is to correct scientific
misinformation in the media resulting
from bad science, politics, or a simple
lack of information or knowledge; and
to act as a resource on major scientific
issues and controversies.
Swan’s report resulted in headlines
with scary titles including “Study links plastics to small genitals” (Fox
News) and “Chemical may harm sex
organs of prenatal boys” (MSNBC).
“The headlines misrepresent the issue
and give the public the impression that
children are at risk when the body of
research is far from conclusive,” says
Goldin.
Goldin contends the media has in
part been led astray. “Swan has publicly
taken the position that the correlation
between phthalate exposure
in utero and anogenital index (the
distance between the anus and scrotum)
proves that phthalates are causing
reproductive harm, even though
the study found neither actual genital
defects nor fertility problems.” Industry
groups claim the study is without
merit because it is impossible to tell
whether the “smaller anogenital index”
found in phthalate-exposed boys
is outside the normal range.
The National Institute of Health reported
DINP did not cause reproductive
health problems for rodents. DINP, however,
has not made it through scientific
scrutiny unscathed. One animal study
found that DINP caused an increased
incidence of liver tumors (carcinomas
and adenomas) in rats and mice. But the
CPSC says there is uncertainty about the
actual mechanism by which compounds
such as DINP contribute to cancer in
animals and whether this mechanism
applies to humans. The NIH and other
health organizations, therefore, supported
studies to evaluate the risks DINP
and other phthalates pose to children
that mouth their toys. The CPSC, for
example, conducted a three-year review
and concluded, “There may be a DINP
risk for children who routinely mouth
DINP-plasticized toys for 75 min/day or
more. But for the majority of children,
the exposure to DINP from DINP-containing
toys would be expected to pose a
minimal to nonexistent risk of injury.”
The EU’s risk assessment for DINP
and DIDP also concluded that toys and
baby products containing DINP were
unlikely to pose a risk for infants and
newborns following inhalation, skin
contact, and ingestion. But the report
also provided a “Strategy for Limiting
the Risk for Consumers.” It basically
suggests the use of phthalates DINP,
DIDP, and DNOP only in articles which cannot be placed in the mouth
of children under three years and restricts
the use of DEHP, DBP, and BBP
in toys and child-care articles.
Phthalates just the tip of
the iceberg?
This January, the European Commission
announced it wants to
strengthen EU-rules, especially those
relating to the use of chemical substances
in toys. Its aim is to modernize
a 20-year-old Toys Directive with
higher safety requirements. It will also
make manufacturers and importers
more responsible for the marketing of
toys and boost the market surveillance
obligations of EU members.
Likewise, in the wake of numerous
toy recalls last year, two bills are
working their way through the U.S.
Congress with the blessing of the
toy industry. They’ll make toy testing
mandatory, further restrict lead
in toys, provide for a mandatory toy
safety certification program, put cautionary
language in toy ads, and give
toys traceability markings. TIA also
supports provisions of the House and
Senate bills that would the CPSC additional
resources, technical staff, and
authority. But TIA along with the ACC
are concerned about the Senate bill (S.
2663, the Consumer Product Safety
Commission Act): An amendment
by U.S. Senator Dianne Feinstein (DCalif.)
would impose a nationwide ban
on phthalates in children’s toys and
products.
The fallout from the EU and impending
U.S. toy legislation, coupled
with ambiguously worded “anti-PVC
use” mandates from major retailers,
could have devastating consequences
for unprepared OEMs. Despite what
some anti-PVC activists suggest,
it could be tough to find alternative
materials for soft PVCs that stand up
to such hazardous substance regulations
as Reach (Registration, Evaluation,
Authorisation, and Restriction of
Chemical substances). Reach, another
EU Directive, has a wide scope. It covers
all substances whether manufactured,
imported, used as intermediates
or placed on the market, either
on their own, in preparations, or in
articles. Polymers currently need not be registered under Reach because
they are usually not considered hazardous.
But in certain circumstances
monomers in polymers must be registered.
The EU also reserves the right
to impose future restrictions on other
polymers if needed.
Alternatives to PVC?
“Soft PVC has unique characteristics
in toys which may be hard to
achieve with alternative polymers,”
says Allen Blakey director public affairs
of the The Vinyl Institute, Arlington,
Va. “It holds doll hair better
than other plastics, is easy to pigment
with bright primary colors, and can
be rotomolded into delicate features
such as tiny ears and noses.” Many
polymers, including vinyl, need plasticizers
and additives that serve as heat
and light stabilizers, cautions Blakey.
These additives and plasticizers, and
other types of polymers have likely not
gone through the same rigorous safety
and mouthing tests as that seen by the
phthalates used in PVC.
Polycarbonate (PC), for example,
has recently come into environmental
crosshairs. Although PC is not an alternative
to soft PVC, it goes in many
hard baby-care items including bottles
and sippy cups. The recent publication
Baby’s Toxic Bottle reports that
Bisphenol A (BPA), a building block of
PC, has been found to leach out of six
major brands of baby bottles sold in
the U.S. and Canada. The report states
that animal studies have shown that
BPA damages the reproductive, neurological,
and immune systems during
critical stages of development, such as
infancy and in the womb.
Designers looking to replace PVCs
may want to note that the BPA monomer
is also used in polyesters, polysulfones,
and polyacrylate resins. It also
serves as an antioxidant in plasticizers
and goes into some flame retardants.
For another view, take a cautionary
look at what Greenpeace had to say in
its 1999 report A Review of the Availability
of Plastic Substitutes for Soft
PVC in Toys. There the organization
lists what it considers noneco-friendly
polymers.
The author, Joel Tickner, ranked numerous plastics in a worst (PVC) to best (bio-based polymers)
hierarchy. He also contends that all synthetic plastics
including high-density polyethylene (HDPE), polypropylene
(PP), polystyrene (PS), PVC, nylons, acrylonitrilebutadiene
styrene (ABS), acetal resins (POM), acrylics
(PMMA), PC, and polyurethane (PU) all have environmental
problems from production to disposal.
Tickner says there are some petroleum-based plastics
that are eco-friendly and biodegradable. But they cannot
be considered an environmentally safe, sustainable replacement
for PVC in the long run. “The future,” he says, “lies in
bio-based plastics from plant materials (starch, cellulose),
polylactic acid (PLA), or bacteria (bacteria are fed sugars
and create the polymer as a waste product).”
One problem: The bio-based PLA polymer from Nature-
Works LLC, Minnetonka, Minn., for example, isn’t currently
an ideal candidate to replace soft PVC in toys such as a doll
heads. However, it could be used in more rigid structural
parts.
The physical and rheological properties of the Nature-
Works biopolymer have been exploited for rigid thin-gauge
packaging applications, says NatureWorks’ Salvador Ortega,
marketing manager. Ortega says compounders are
combining NatureWorks biopolymer with conventional
thermoplastics to develop first-generation materials more
durable than the company’s current packaging grades.
Some of these have gone into electronic applications. “But
currently,” says Ortega, “we don’t have a toy-specific grade
that would compete physically or economically with PVC.”
The good news, says Jeff Smith, NatureWorks director,
products and application development, is that the company
now works with compounding manufacturers that are
blending NatureWorks biopolymer with other thermoplastics
to produce grades that are softer and more durable, and
that could be injection molded for toys.
One of the first things the toy industry needs to define,
says Ortega, is the definition of durable. Right now, makers
of PVC alternative materials don’t know whether they
are shooting for a service life of 5, 10, or 20 years, he says.
Additionally, a 100% biopolymer product would, like some
other plastics, not stand up well to a combination of high
temperature (140°F) and high (90%) relative humidity over
an extended period. But, says Smith, “Injection molders
have adjusted molding processes to crystallize our biopolymer
in the mold and thus boost heat resistance for items
such as coffee cups.
NatureWorks biopolymer is food-contact compliant,
but cautions Smith, that approval is no longer valid if it is
compounded with another polymer or has been pigmented
or filled with other additives. In that case a designer must
go through FDA compliance again.
From a cost standpoint, says Smith, “Our NatureWorks
biopolymer may not be as competitive as conventional materials
used in toys. And our first-generation materials may
need slower cycle times. Nevertheless, NatureWorks feels
its biopolymer (PLA) will eventually be a strong candidate
to replace commodity resins used for durable goods. And compared to emerging biopolymers
just entering the market, “We consider
ourselves very competitive today,” says
Smith.
One company, I Play, Asheville,
N.C., is working on several PLA-based
products and is not afraid to spend a little more on a material that matches
the company’s mission statement. According
to Becky Cannon, I Play president
and founder, “I Play has been a
champion for safe, eco-friendly, responsible
products. My manufacturing
team spends as much time making
sure our products are safe as we do making them look cute.” To this end,
the company follows the EU legislation
closely, selling only PVC-free baby
bibs , raingear, and bath toys. And with
the BPA concerns, I Play also has BPAfree
Aqua bottles along with a line of
organic cotton clothing. I Play Sales
Manager Tony Ford says companies
that make toys and childcare products
must stay ahead of the “toxic curve.”
“Gen Y parents are socially connected,
information savvy, and not at all reliant
on traditional mass mediums or
communication methods,” he says.
Gen Ys were born between 1980
and 1995 and “grew up being environmentally
conscious and learning to
gather and share information collaboratively
to address those concerns,
says Ford. “They know how to discover
every bit of information, health
testing, and scientific data about the
products they are considering. Gen Y
is used to assimilating rapidly changing
information and altering their decisions
and purchasing based on it.”
It’s likely that most toymakers will
eye their use of plastics warily to stay
ahead of the toxic curve, Ford maintains.
“You won’t be able to fool Gen
Ys. They will want to know and be able
to know everything about your product
and what it means for them and
their families.”
Make Contact
BASF Aktiengesellschaft,
basf.com
Center for Health, Environment,
and Justice,
(703) 237-2249, chej.org
European Council of Vinyl
Manufacturers,
www.ecvm.org
Green Toys Inc.,
(415) 839-9971,
greentoys.com
I Play,
(828) 254-9236,
iplaybabywear.com
NatureWorks LLC,
(800) 664-6436,
www.natureworksllc.com
Teknor Apex,
(800) 556-3864,
teknorapex.com
Toy Industry Association,
(212)
675-1141, toyassociation.org
Statistical Assessment Service,
(202) 223-3193, stats.org
Vinyl Institute,
(703) 741 5670,
vinylinstitute.com