(Dreamstime: Photo 3882847 © Jose Manuel Gelpi Diaz - Dreamstime.com)
Perhaps few items in society hold the same universal delight as children’s products. They are an important part of children’s wellbeing and development and can remind all of us of simple joys of childhood. We expect products designed specifically for children to be safe and free from chemicals that could cause harm.
Nobody wants their child to play with a toy containing alarmingly high levels of lead, cadmium, or mercury. However, there are many toys and products on the market today that do indeed contain chemicals that are hazardous to children’s health. Media reports of product recalls of children’s jewelry tainted with lead and arsenic, colored chalk contaminated with mercury, and baby soaps containing a chemical called 1,4 dioxane raise serious questions as to how manufacturers have been able to get these products into the market in the first place.
These products have been able to enter our state because of gaps in our regulation. Our regulations in New York have struggled to keep pace with the thousands of new combinations of materials and manufacturing processes involved in making children’s toys and products.
The good news is that New York has taken significant steps to remedy the issue through the state Legislature, with the new Child Safe Products Act, which passed in April 2019. By signing it into law on or around National Children’s Environmental Health Day, Friday October 11, Governor Andrew Cuomo could prevent further unnecessary harm to children on his watch.
The Child Safe Products Act, once signed, is poised to provide protections to keep toxic products out of the marketplace for all children. It would prevent the sale or resale of items containing the most dangerous chemicals — particularly important where consumers have less money for costlier toxic-free alternatives.
Low price and discount retailers that are commonplace in New York’s less affluent communities have been found to sell items containing very high levels of so-called “chemicals of concern.”
For example, a 2015 study by the Campaign for Healthier Solutions and HealthyStuff.org tested products commonly sold at dollar stores, like toys and jewelry for children, and found alarmingly high levels of lead, mercury, and cadmium. The new law would take a measured approach to regulating chemicals in products developed for children and includes a comprehensive list of chemicals that are currently known to have adverse effects on human health.
The Child Safe Products Act would also provide clear directives for each member of the supply chain – from the manufacturer to the seller. Manufacturers would be required to report to the state the chemicals included on the list that are found in their products. The state would in turn provide this information to an interstate chemical clearinghouse. Retailers would be notified which items they are forbidden to sell, due to their toxicity, and they would be held accountable for selling such items, prompting greater scrutiny in their buying processes and supply-chain management.
Intergenerational principles urge us to be mindful of our responsibility to ensure the health and safety of the next generation. This applies to all aspects of a child’s environment – where they live, learn and play. Governor Cuomo has lent his support to several environmental causes. Signing this act would demonstrate our joint commitment to future generations of New Yorkers and solidify our place as leaders in protecting children’s environmental health. Other states like Maine, California and Washington have similar policy mandates.
Let’s ensure that the next generation of New York’s children comes to associate products designed for them with happiness. Governor Cuomo, please sign the Child Safe Products Act into law and affirm New York’s commitment to a greener, more sustainable future for everyone.
Christine Appah, Senior Staff Attorney for Environmental Justice at New York Lawyers for the Public Interest, a member of the JustGreen Partnership that supported passage of the Child Safe Products Act. On Twitter @NYLPI.