Comments on Section 108 Phthalate Restrictions

Please accept the following comments from the Retail Industry Leaders Association (RILA) on behalf of our members in response to the Consumer Product Safety Commission’s (“Commission” or “CPSC”) Request for Comments and Information; Prohibition on the Sale of Certain Products Containing Specified Phthalates; Section 108 of the Consumer Product Safety Improvement Act (“CPSIA” or “Act”). Our members have discovered over the last year that, of all of the new restrictions found in the CPSIA, the restrictions on phthalates have the greatest impact on cost of production. As you are aware, the new phthalate restrictions, take effect on February 10, 2009. Because cost of production must be fully understood before retailers can even commit to purchase an item or determine the quantity to be purchased, it is with a certain sense of urgency that we offer these comments and hope that they will enable the Commission to expeditiously provide clarity on the following issues related to implementation of the new phthalates standards.