Children’s Toys

NEW ORLEANS — The Fifth Circuit ruled the Consumer Product Safety Commission procedurally erred when it issued its final rule prohibiting the manufacture and sale of any children’s toy or article that has more than 0.1% of any one of five phthalates, which can have negative health effects. However, the court remanded the case, finding there is a “serious possibility” the agency can substantiate its decision if given the opportunity. 

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