Letter to DOH Sec. Janette Garin and FDA OIC Nicolas Lutero III re Children’s Swimming Toys in Violation of DOH A.O. 2009-0005-A

The samples were analyzed through gas chromatography–mass spectrometry (GC-MS)
as required in the “Standard Operating Procedure for Determination of
Phthalates” of the US Consumer Product Safety Commission.

As you will see in the attached documents, three of the samples failed the
phthalate regulation under  the US
Consumer Product Safety Improvement Act, which is similar to the DOH
Administrative Order 2009-0005-A (amended in December 2011), which states.

1.  “It shall be unlawful to manufacture
for sale, offer for sale, distribute in commerce, or import into the country
any children’s toy that contains concentration of more than 0.1 percent of
di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP) or benzyl butyl
phthalate (BBP).”

2.  “It shall be unlawful to manufacture
for sale, offer for sale, distribute in commerce, or import into the country
any children’s toy that can be placed in a child’s mouth that contains
concentrations of more than 0.1 percent of diisononyl phthalate (DINP),
diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).”

Summary of laboratory findings:

To
enforce DOH A.O. 2009-0005-A and to protect children from being exposed to
phthalates, we call on the DOH to cause the ban and withdrawal from the market
of the above three samples that failed the laboratory tests.

We also humbly urge the DOH to fully maximize the FDA’s laboratory capability
to analyze for phthalates  by embarking
on an upbeat drive to test certain products for phthalate content in time for
the school opening in June 2015.  This
will mean the FDA undertaking market inspection, particularly in Divisoria, and
sampling children’s products such as back-to-school items.  For starters, the FDA can analyze PVC bags,
PVC raincoats and PVC school supplies. 

A proactive effort to test children’s products for phthalates (as well as for
other priority chemicals of concern such as lead, cadmium and mercury) would
send a strong message to producers, retailers and consumers that the Aquino
administration is taking children’s safety from hazardous substances a priority
concern.  Such a drive, we believe, will
also push companies to follow the government’s toy safety regulations, disclose
chemical information and adopt clean production practices such as 
toxics use reduction and substitution.  

The “Introduction to Endocrine Disrupting Chemicals (EDCs): A Guide for Public
Interest Organizations and Policy Makers,” published by the Endocrine Society
and IPEN in December 2014, states that “phthalate exposure is linked to genital
abnormalities in boys, reduced sperm counts, decreased ‘male typical’ play in
boys, endometriosis, and elements of metabolic disruption including obesity.”  The Endocrine Society is the world’s oldest,
largest, and most active organization devoted to research on hormones and the
clinical practice of endocrinology, while IPEN is a global network of public
interest groups promoting safer chemical policies and practices.

The EcoWaste Coalition will support precautionary and preventive measures to be
undertaken by the DOH and FDA to protect our children and people from being
further exposed and harmed by phthalates and other endocrine disrupting
chemicals.

Thank you very much and warmest regards.

Sincerely yours,

Thony Dizon
Coordinator
EcoWaste Coalition’s Project Protect