California Takes Step Towards Regulating Children’s Products Containing Ortho-Phthalates

On October 29, 2026, the California Department of Toxic Substances Control (DTSC) published the draft product-chemical profile for children’s products containing ortho-phthalates. This profile outlines the scientific basis for potentially listing these products as “Priority Products” under the Safer Consumer Products program. DTSC is accepting written comments on the draft profile through December 21, 2026.

Key Takeaways

• DTSC is reviewing a broad range of children’s products containing ortho-phthalates, such as toys, child care articles, clothing and footwear, furniture and play equipment, and jewelry and accessories.
• The draft profile identifies potential exposure pathways and adverse impacts but does not create immediate compliance obligations. However, it signals DTSC’s intent to regulate ortho-phthalates in children’s products, and its finalized version may be used to inform and support future rulemaking.
• Companies that manufacture, import, distribute, or sell children's products containing ortho-phthalates should review DTSC's analysis and consider submitting information on product scope, chemical use, and potential alternatives by December 21, 2026.

Background

Under the California Safer Consumer Products program, DTSC identifies Candidate Chemicals based on hazard properties and evaluates consumer products containing those chemicals for potential regulation. DTSC may list a product-chemical combination as a Priority Product through rulemaking if it determines the product poses a risk of human or environmental exposure to the chemical and that such exposure could cause significant or widespread adverse impacts.

A final Priority Product designation would generally require manufacturers to submit a Priority Product Notification to DTSC within 60 days of the regulation’s effective date. Within 180 days, manufacturers would need to submit a Preliminary Alternatives Analysis Report evaluating safer alternatives or pursue an available compliance option, such as removing or replacing the chemicals or withdrawing the product from the California market. Manufacturers are primarily responsible for compliance, but importers, assemblers, and retailers may also become subject to compliance obligations if a manufacturer fails to comply.

Following an Alternatives Analysis, DTSC may impose regulatory requirements, including product reformulations, use restrictions, mandatory labeling, or sales prohibitions. Publication of this draft profile does not trigger these requirements.

Covered Products

DTSC's current evaluation covers products primarily intended for, made for, or marketed to children under age 12. The agency is focusing on medium-chain and long-chain ortho-phthalates used in toys, children's clothing and footwear, child care items, jewelry and accessories, and furniture and play equipment.

The draft profile identifies the potential for ortho-phthalates to migrate from children’s products, resulting in human exposure. DTSC’s findings suggest that these product-chemical combinations may meet the criteria for Priority Product designation. If finalized as drafted, the profile could support a future rulemaking to designate children’s products containing ortho-phthalates as Priority Products.

Next Steps

DTSC is accepting comments on its draft product-chemical profile for children’s products containing ortho-phthalates from October 29 to December 21, 2026. Comments may be submitted via CalSAFER or by email to [email protected].

DTSC expects to release the final product-chemical profile in May 2027. If DTSC proceeds with a Priority Product listing, it must conduct a notice-and-comment rulemaking before the listing could take effect.