[Pharmwaste] San Francisco prepares to ban certain chemicals in
products for tots
DeBiasi,Deborah
dldebiasi at deq.virginia.gov
Mon Dec 4 16:52:16 EST 2006
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/11/19/MNG2LMG0IJ1.
DTL&hw=Toxic&sn=003&sc=505
TOXIC
San Francisco prepares to ban certain chemicals in products for tots,
but enforcement will be tough -- and toymakers question necessity
- Jane Kay, Chronicle Environment Writer
Sunday, November 19, 2006
Widely used chemicals with suspected links to cancer and developmental
problems in humans are present in common baby products like the yellow
rubber ducky, bath books and clear plastic bottles, a Chronicle analysis
confirmed.
The toxic chemicals, which are used to harden or soften plastics, can
leach out each time a baby sucks on a favorite doll or gnaws on a cool
teething ring, scientists say.
Starting Dec. 1, a first-in-the-nation ban goes into effect in San
Francisco, prohibiting the sale, distribution and manufacture of baby
products containing any level of bisphenol A and certain levels of
phthalates.
The law, modeled on a European Union ban that started this year,
reflects emerging concerns by environmental health scientists over the
buildup of industrial chemicals in humans, particularly young children.
Especially under scrutiny are chemicals that mimic estrogen, possibly
disrupting the hormonal system and altering the normal workings of
genes.
Yet the trouble is that no one knows for sure how many baby products
contain the chemicals. Stores, many of which are still unaware of the
pending ban, will be unable to decide what to take off the shelves
because manufacturers aren't required to disclose what chemicals go into
a product. For that reason, The Chronicle set out to test several common
baby toys and found that most of them -- even ones labeled "safe,
non-toxic" -- contained the chemicals.
Toymakers and companies affected by the ban have sued to block
enforcement of the San Francisco law, saying their products have been
used safely for decades. A January hearing is scheduled. If the courts
uphold the measure, most companies say they'll comply with the ban even
though they believe it's unnecessary.
"The U.S. government has always felt that what's in the marketplace is
perfectly safe for the consumer," said Jeff Holzman, CEO of New
York-based Goldberger Doll Manufacturing Co., who found out from The
Chronicle that his company's Fuzzy Fleece Doll would be banned under the
San Francisco law.
"Be that as it may, if there's a question, all the products that we make
will be made without phthalates by 2007," he said.
The U.S. Environmental Protection Agency admits that its own guidelines
-- called reference doses -- for safe human exposure to the chemicals
are decades old and don't take into account the new research. The EPA is
actively reassessing the health risks of three types of phthalates but
is not reassessing bisphenol A, agency spokeswoman Suzanne Ackerman
said.
The Food and Drug Administration, which controls chemicals that may
touch food, and Consumer Product Safety Commission, which is responsible
for toy safety, haven't limited the chemicals in baby products for
years. Representatives say they have no plans to impose new
restrictions.
Chemical-makers say that's appropriate.
"We believe at very low levels of exposure, there is no concern," said
Marian Stanley, a spokeswoman for the four U.S. phthalate-makers.
Low doses of bisphenol A are also not a health risk, said Steve Hentges,
a spokesman for the five major U.S. companies that make that chemical.
"In every case, the weight of evidence supports the conclusion that
bisphenol A is not a risk to human health at the extremely low levels to
which people might be exposed," he said.
Many scientists who study the materials disagree and point to hundreds
of scientific studies they say show why bans such as San Francisco's are
needed.
It's not the first time San Francisco has led the way in instituting a
chemical ban. A decade ago, its leaders voted to eliminate the most
toxic pesticides from city property. That sort of action is needed to
cut exposure to harmful chemicals, said Dr. Richard Jackson, a UC
Berkeley professor who for a decade headed the Center for Environmental
Health at the U.S. Centers for Disease Control and Prevention.
"We don't want dry-cleaning solvents in our livers, lead in our brains
or perchlorate in our thyroids. We certainly don't want endocrine
disrupters in breast milk and umbilical cord blood. We need to be
ratcheting down these levels in people by reducing the loading of these
chemicals in the environment,'' Jackson said.
The Intergovernmental Forum on Chemical Safety, a group based at the
World Health Organization, recommended in September prevention of
exposure to known hazards from chemicals already detected in some toys.
"Protections for children from chemicals in toys are weak at best and
dysfunctional at worst,'' said Joel Tickner, a professor of
environmental health at the University of Massachusetts Lowell. He has
served as a consultant to the forum and on national panels that advise
the U.S. government on chemicals in the environment.
"Consumers would be astonished if they knew that federal laws regulating
chemicals in children's toys all require balancing the benefits of
protecting children with the costs to industry of implementing safer
alternatives," he said.
The tests
It's often impossible for parents to tell if the teething ring or baby
rattle they hand their children contains bisphenol A or phthalates. The
Chronicle purchased 16 children's products and sent them to the STAT
Analysis Corp. laboratory in Chicago, one of the few commercial labs
that test for these chemicals.
The city's ordinance bans the manufacture, distribution or sale of items
intended for children younger than 3 if they contain any level of
bisphenol A. Six different forms of phthalates are covered by the ban,
which sets the maximum phthalate level at 0.1 percent of the chemical
makeup of any part of the product. Three of those phthalates are banned
only in items intended for kids younger than 3, but the law doesn't
include age limits for products that contain three other phthalates --
DEHP, DBP and BBP.
Some items exceeded the city's phthalate limits:
-- Little Remedies Little Teethers, a Prestige Brands product sold with
an oral pain-relief gel, contained one phthalate at nearly five times
the limit.
-- The face of Goldberger's Fuzzy Fleece Baby doll contained one form of
phthalate at nearly twice the limit.
-- A rubber ducky sold at a Walgreens store contained a carcinogenic
form of phthalate, DEHP, at levels 13 times higher than allowed under
San Francisco's pending ordinance. A second form of phthalate was found
three times above the limit.
These products were found to contain bisphenol A and would be banned in
the city:
-- The ring on a Baby Einstein rattle made by the Disney Co.
-- A Fun Ice Soothing Ring teether made by Munchkin Inc.
-- The plastic covers on two of Random House's waterproof books -- "Elmo
Wants a Bath" and Dr. Seuss' "One Fish Two Fish Red Fish Blue Fish." The
books also contain levels of phthalates below San Francisco's limit.
-- A Walgreen-brand baby bottle decorated with colorful fish.
-- The face of the Goldberger doll.
-- The body of a My Little Pony toy contained both bisphenol A and one
form of phthalate that measured three times the city's limit. The toy
wouldn't fall under the San Francisco ban, however, because it's
marketed for ages 3 and up. It didn't contain high enough levels of the
other three phthalates to be subject to the ban.
The method used by STAT to test for bisphenol A wasn't sensitive enough
to detect the chemical in three polycarbonate clear plastic baby bottles
made by Philips Avent, Gerber and Playtex and one clear plastic Gerber
cup. Experts from the American Plastics Council, however, say that
polycarbonate plastic can't be made without bisphenol A. Those items
would be banned under the San Francisco law.
The lab didn't detect the chemicals in three other products chosen by
The Chronicle:
-- A Baby Einstein caterpillar teething ring.
-- A no-spill cup made by Nuby/Luv n' care.
-- The plastic mouth cover of a Disney pacifier.
Most companies whose items were found to contain phthalates or bisphenol
A learned about the pending San Francisco ban through interviews with
The Chronicle.
Among them was Walgreen Co., which has since begun to examine ways to
comply with the ban. Officials at the company's Illinois headquarters
said the chain is asking its vendors to identify products that do not
comply with the San Francisco law.
Representatives for Prestige Brands in Irvington, N.Y., said the company
would remove the teether with phthalates from San Francisco shelves and
is working on finding an alternative.
After Random House officials learned of the test results on their baby
bath books, they made plans to conduct their own tests. The company
pledged to stop shipping books to San Francisco if it finds the products
would violate the pending ban.
When notified of the chemicals in its products, Hasbro spokesman Gary
Serby responded in an e-mail: "Hasbro does not agree with the science
behind the ordinance, but will comply as of Dec. 1."
Nidia Tatalovich, a Disney representative, said all of the company's
products meet state and federal compliance guidelines. She said that her
company would examine the San Francisco law.
Shannon Jenest, spokeswoman for Philips Avent, which makes polycarbonate
baby bottles, said, "We're working through the details right now. We're
very concerned with those standards and will make sure that we adhere to
those guidelines."
Munchkin, the company whose teething ring contained bisphenol A, didn't
respond to repeated queries.
In the past three weeks, groups representing the chemical manufacturers,
toymakers, retailers and San Francisco's toy stores, Citikids and
Ambassador Toys, filed two separate lawsuits, arguing that the city
doesn't have the authority to pass such a ban.
Some of the same trade groups -- the California Retailers Association,
the California Grocers Association, the Juvenile Products Manufacturers
Association and the American Chemistry Council -- successfully fought a
bill this year in the state Legislature that would have enacted a ban
similar to San Francisco's. The city agreed to delay enforcement of its
ordinance until a Jan. 8 hearing at which the companies will seek a
preliminary injunction. A hearing date hasn't been set for the second
lawsuit, which was filed Thursday.
Yet even without an injunction, there are no penalties for companies
that violate the ban. City leaders said they wanted to make sure all
companies knew about the ban before issuing fines or taking other
actions.
The San Francisco ordinance is certain to cause concern among parents
who may not have been aware of the European ban or studies on chemicals
commonly found in child products.
Mary Brune, a technical writer from Alameda, said she first started
paying attention to the issue when she was nursing her baby last year
and read about chemicals in breast milk. With two friends, she founded
Making Our Milk Safe, or MOMS.
She scans Web sites to find toys made without plastics and tells friends
about baby bottles made from glass, polyethylene, propylene and other
materials considered safe. She stores food in glass. Last month she
passed out leaflets near Albany's Target store, urging company officials
to remove polyvinyl chloride (PVC) toys from their shelves.
"It's impossible to keep plastic toys out of children's mouth. They chew
on things," Brune said. "So we as parents rely on the manufacturers of
products to ensure their safety. If consumers demand safer products and
businesses demand safer products from their suppliers, we'll be able to
get these toxic products off our shelves."
The health effects
Scientists simply don't know how low or high levels of phthalates or
bisphenol A will cause health problems in babies if they suck on a
bottle or handle a doll containing those substances.
Studies on the chemicals are largely conducted with high-dose and
low-dose experiments on animals, which over time help scientists
determine the level of chemicals that may pose unacceptable risks.
Those sorts of strictly controlled animal experiments are what first
showed that the pesticide chlordane could cause cancer and that
industrial pollutants like dioxin could cause birth defects. Such
studies were also cited when California named one phthalate a carcinogen
in 1988 and two others as reproductive toxicants in 2005.
There is a dearth of long-term, epidemiological studies on children
exposed to phthalates and bisphenol A. So scientists from groups like
the American Chemistry Council say the fact that the chemicals are found
in human bodies doesn't necessarily mean they cause health problems.
Yet scientists who study phthalates and bisphenol A say there is enough
evidence to implicate some forms of the chemicals now.
New evidence about how bisphenol A affects lab animals and how it can
leach out of items such as plastic bottles came out of 1999 research by
Koji Arizono at Japan's Kumamoto University.
Arizono found that a used polycarbonate baby bottle can leach out
bisphenol A at daily levels that damaged the brain and reproductive
systems in lab animals. If a 9-pound baby drinks about a quart of liquid
from the bottle a day, it can ingest 4 micrograms of bisphenol A.
"We're showing that amount is in the zone of danger, based on the animal
studies,'' said University of Missouri researcher Frederick vom Saal,
who said that the doses that have hurt lab animals were very close to
what a baby would get from a baby bottle.
Vom Saal found that 148 published bisphenol A studies, all financed by
government bodies, reported significant health effects, including
altering the function of organs and reproductive systems in male and
female animals.
That compares with 27 studies that found no evidence of harm. Thirteen
of those studies were financed by chemical corporations.
Last year, researchers at the Tufts University School of Medicine
exposed pregnant lab rodents to levels of bisphenol A 2,000 times lower
than the EPA's 18-year-old safety guideline, which the agency admits is
outdated. That old guideline suggests it would be safe, for example, for
a 9-pound baby to swallow about 200 milligrams (or 200,000 micrograms)
of the chemical a day.
But rodents given just a very small fraction of that amount showed
changes in mammary glands. In humans, such changes are associated with a
higher risk of breast cancer. Other researchers showed that exposure of
newborn rats to bisphenol A causes early stages of prostate cancer.
Testifying before the state Legislature this year on the failed bill,
one of the EPA's top phthalate researchers, Earl Gray, said studies on
pregnant rodents found in their male offspring such effects as disrupted
testosterone production and low sperm counts, malformation of sexual
organs, and disruption of the endocrine system.
There's no reason to believe that the same effects wouldn't be the same
in humans as well, Gray said.
And last year, for the first time, scientists showed that pregnant women
who had higher concentrations of some phthalates in their urine were
more likely to later give birth to sons with genitals that showed
changes similar to those seen in exposed rodents.
It appeared that human infants, like rodents, were less completely
masculinized. Some of the changes, including incompletely descended
testes, were similar to those included in the "phthalate syndrome" seen
in lab rodents that received high doses of phthalates, University of
Rochester researchers found. Later in the lab animals' lives, those
genital changes were associated with lower sperm count, decreased
fertility and, in some, testicular tumors.
The Consumer Product Safety Commission, which works closely with
industry, has developed a voluntary agreement to eliminate the phthalate
DEHP in some baby products.
In 1983, the commission determined that substantial exposure to DEHP
could put children at risk of cancer. The agency didn't issue a
regulation, but instead reached an agreement with the Toy Industry
Association to keep DEHP out of pacifiers, rattles and teethers. The
agreement leaves unregulated all other toys that babies put in their
mouths.
When advised that Chronicle tests found that all the polyvinyl chloride
toys contained DEHP, including a teether, Scott Wolfson, a spokesman for
the commission, promised that his agency would look into it.
Nevertheless, Wolfson said his agency believes that consumer products
that contain low levels of phthalates are not a danger to children. His
agency doesn't conduct its own tests on toys but follows up when other
organizations share test results, he said.
"We have a saying: 'The dose makes the poison.' We are not seeing a high
dose of phthalates coming out of a product and into the body of a
child."
------------------------------------------------------------------------
--------
METHODOLOGY
The Chronicle decided to find out what popular toys and child care items
sold in San Francisco contained chemicals that would be banned under a
new city ordinance effective Dec. 1.
Chronicle environment writer Jane Kay purchased a random selection of 16
plastic baby items, including a toy doll and a horse, a rubber ducky,
books, teethers and baby bottles.
The Chronicle sent the box of products to STAT Analysis Corp.'s
laboratory in Chicago, one of the few labs that can test for bisphenol A
and six forms of phthalates.
The Chronicle identified parts of the toys and baby items that should be
tested by the lab. Lab workers cut the items apart and weighed the
pieces before adding them into a solvent of methylene chloride. After
several hours, lab workers used the solution to quantify the amount of
bisphenol A and phthalates in the products.
The method used to detect bisphenol A wouldn't be expected to find the
chemical at low levels. Yet the lab, using gas chromatography and mass
spectrometry, found both bisphenol A and phthalates in many of the
products.
To see photos of the testing process, go to www.sfgate.com.
------------------------------------------------------------------------
--------
Phthalates
Uses: Softens polyvinyl chloride products such as toys, raincoats,
shower curtains and medical tubing. Found in upholstery, detergents,
oils and cosmetics.
Health effects: Lab animal studies show some phthalates interfere with
hormonal systems, disrupt testosterone production and cause malformed
sex organs. The DEHP form is a carcinogen and a reproductive toxicant.
Phthalates shed or leach from products.
Regulation: The San Francisco law prohibits the manufacture, sale or
distribution of toys and child care products if they contain the
phthalates DEHP, DBP or BBP in levels higher than 0.1 percent. Products
for children younger than 3 are banned if they contain DINP, DIDP or
DnOP in levels exceeding 0.1 percent.
Production: Made by BASF Corp., Eastman Chemical Co., ExxonMobil
Chemical Co. and Ferro Corp.
Bisphenol A
Uses: Acts as building block in hard, clear polycarbonate plastic baby
bottles, water bottles and containers. Found in liners inside food and
drink cans, electronic equipment and spray-on flame retardants.
Health effects: Lab animal studies show that at low levels, bisphenol A
can alter the function of the thyroid gland, brain, pancreas and
prostate gland. It leaches out of products under normal use. It is found
in humans, especially in placental and fetal tissue.
Regulation: San Francisco law prohibits manufacture, sale or
distribution of a toy or child care article intended for use by a child
younger than 3 if it contains bisphenol A.
Production: Made by Dow Chemical, Bayer, General Electric Plastics,
Sunoco Chemicals and Hexion Specialty Chemicals.
-- Chronicle research
------------------------------------------------------------------------
--------
E-mail Jane Kay at jkay at sfchronicle.com.
TESTING TOYS
The Chronicle ordered tests of 16 baby products
purchased in San Francisco stores. A pending city law prohibits the
manufacture, distribution or sale of products intended for children
under 3 if
the items contain any level of bisphenol A or one-tenth of a percent of
certain phthalates.
Although six types of phthalates are covered in the ban, only two types
-
DEHP and DnOP - were detected in the Chronicle's tests.
The results can found below.
Product Maker
/Part tested
/distributor Bisphenol A DEHP(2) DnOP(3)
Little Remedies Teether
teething ring Prestige Brands
(X) .005% .49%
Fish-decorated bottle
bottle plastic Walgreen brand
(Z)
Fuzzy Fleece Baby
doll face Goldberger Doll
(Z) 0.0086% .19%
My Little Pony
Butterfly Island
toy body
Hasbro (Z) .027% .3%
Fun Ice Soothing Ring
plastic ring Munchkin Inc.
(Z)
Sesame Street bath book
book cover Random House
(Z) .036% .024%
Dr. Seuss bath book
book cover Random House
(Z) .029% .017%
Rubber ducky
duck body TWIE Bathtime Pals
(X) 1.3% .31%
Rattle
clear ring of rattle Baby Einstein/Disney (Z)
Caterpillar teething ring
green plastic Baby Einstein/Disney (X)
Pacifier
plastic mouth cover Disney (X)
No-spill cup
container Nuby Luv (X)
Avent bottle
clear plastic Avent (Y)
Gerber cup
clear plastic Gerber (Y)
Gerber bottle
clear plastic Gerber (Y)
Kinder-Grip bottle
clear green plastic Platex (Y)
(A) -- Product is made of polycarbonate, which always includes
bisphenol A;
(2) -- DEHP bis( 2-ethylhexyl) phthalate; (3) -- DnOP
di-n-octylphthalate
(X) - Not detected
(Y) - Likely
(Z) - Detected, violates San
Francisco's pending ban (except My Little Pony Butterfly Island because
it is
labeled for 3 years and older). Results in bold italic violate S.F.'s
pending
ban.
Page A - 1
URL:
http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/11/19/MNG2LMG0IJ1.D
TL
Deborah L. DeBiasi
Email: dldebiasi at deq.virginia.gov
WEB site address: www.deq.virginia.gov
Virginia Department of Environmental Quality
Office of Water Permit Programs
Industrial Pretreatment/Toxics Management Program
Mail: P.O. Box 1105, Richmond, VA 23218 (NEW!)
Location: 629 E. Main Street, Richmond, VA 23219
PH: 804-698-4028
FAX: 804-698-4032
More information about the Pharmwaste
mailing list