Rubber Ducks in a Row as Schwarzenegger Signs Ma Bill to Protect Children from Toxic Chemicals in Toys

[courtesy of California Progress Report]

By Frank D. Russo

This is a story of David defeating Goliath. A feel good moment in the midst of a number of ugly vetoes. The fact that this bill barely passed both houses of the legislature--with exactly the number of votes it needed to reach the Governor's desk, and that it was not clear he would sign it, speaks volumes. It passed the Assembly on a 41-34 vote and the Senate on a 21-18 vote, both of them on largely party line votes with only one Republican legislator--Senator Abel Mald0nado voting for it.

It was a hard fought battle that won over Governor Schwarzenegger to sign AB 1108, by Assemblymember Fiona Ma, banning the use of phthalates--chemicals added to PVC to make toys soft and flexible--just the thing that makes them irresistible to children for chewing. Even though they are known to be toxic chemicals, they have been commonly used in baby products such as teethers, bath books, and rubber ducks available in California. Phthalates do not chemically bond to PVC molecules causing them to leach out, often directly into a child’s mouth.

But AB 1108 will now become law and California will join a number of European countries, Argentina, Fiji, Mexico, and Japan in banning these chemicals. This may also cause action to be taken in other states and will certainly increase the use of substitute producs that are safe.

Credit Ma and a coalition led by Environmental California that included all the major environmental groups in the state and the California Nurses Association, the California Labor Federation, breast cancer and women's groups for their lobbying efforts. They adopted the rubber ducky as a potent symbol of what should be safe for infants and children. At one point, a thousand phthalate-free rubber ducks marched to the state capitol as part of an event to urge the Governor to sign the Toxics Toys Bill.

There was intense industry opposition from the California Chamber of Commerce, the California Grocers Association, California Retailers Association, American Chemistry Council, and other powerful interests in the Sacramento.

In the end, it was Governor Schwarzenegger who said: "We must take this action to protect our children. These chemicals threaten the health and safety of our children at critical stages of their development."

According to US EPA studies, phthalates have been shown to have negative effects on human health including interfering with the hormone system, causing reproductive and genital defects and early onset of puberty. Phthalates may also lower sperm count and are associated with risk factors for testicular cancer. According to data from the U.S. Centers for Disease Control and Prevention (CDC), phthalate levels are highest in children.