State Authority to Regulate Toxins in Children's Consumer Products

March 2010
Citation:
40
ELR 10282
Issue
3
Author
Doug Farquhar and Scott Hendrick

Editors' Summary

The number and amount of toxic substances being discovered in children's consumer products have risen dramatically since 2006. State legislatures have been at the forefront in introducing and adopting policies to restrict or ban specific hazards in certain products, seeking to regulate the amount of lead, cadmium, phthalates, bisphenyl-A, and other compounds in children's products. Congress followed the state efforts by enacting the Consumer Product Safety Improvement Act of 2008, which bolsters previous efforts by the Consumer Product Safety Act, the Federal Hazardous Substances Act, and other federal laws. As a result, some state laws are preempted and some may have to be modified, while others remain unchanged.

Doug Farquhar directs the Environmental Health Program for the National Conference of State Legislatures and is an adjunct professor at the University of Denver School of Law. Scott Hendrick analyzes environmental health policy for the National Conference of State Legislatures' Energy, Environment, and Transportation Division.
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State Authority to Regulate Toxins in Children's Consumer Products

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