Landmark Legislation to Ban Dangerous Chemical in Children's Toys Clears Legislature--Governor Expected to be Lobbied Heavily by Industry to Veto

Historic vote comes at time of increased scrutiny over toy safety

By Frank D. Russo

The California State Senate gave final approval to landmark legislation, AB 1108, authored by Assemblywoman Fiona Ma, that would make California the first state in the country to ban these dangerous chemicals used in baby toys. Canada and Mexico have already outlawed the chemical, making the United States the only place in North America where you can buy phthalates-laced products for newborns and infants.

The legislation was approved on the Senate Floor by a vote of 21-18 and earned its first Republican vote. With intense industry lobbying which included robo phone calls into the districts of "moderate Democrats," the measure had to be placed on call (keeping the roll open for additional votes) three times before it finally passed. It also faced a difficult hurdle in the Assembly in June when it passed by the required 41 votes with 32 Republicans and two valley Democrats, Catherine Galgiani and Nicole Parra, voting against it.

After the vote, Assemblywoman Ma said: “First, I want to thank Senate Pro Tem Don Perata and Senator Dean Florez for their hard work to ensure that the Governor has the opportunity to sign legislation that protects our children. I also want to thank Senator Abel Maldonado, who showed that this isn’t partisan and both Democrats and Republicans will stand up for kids.”

AB 1108, sponsored by Environment California, will prohibit the manufacture, sale, and distribution of toys and child care products intended for use by children under the age of three that contain certain phthalates. Phthalates interfere with the hormone system and have been linked to reproductive defects, premature birth, and the early onset of puberty, which is a cause of breast cancer. Phthalates are listed on California’s Prop 65 list as reproductive toxins. 14 countries and the European Union have already banned or are phasing out the chemical.

“The United States has become a dumping ground for chemical filled toys that are banned in much of the industrialized world,” Assemblywoman Ma said. “Governor Schwarzenegger has a tremendous opportunity to demonstrate California’s leadership in the world, and I strongly urge him to sign this bill.”

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