U.S. POLICIES FALL SHORT
In the United States, no federal regulation (apart from very minor requirements around phthalates, flame retardants, and lead for children) oversees chemicals used in clothing made outside of the country, which accounts for 97% of U.S. purchases. The U.S. is far behind other countries when it comes to banning harmful chemicals. Countries like Canada have banned 457 hazardous chemicals, and the European Union has enforced regulation that bans or restricts 1,328 chemicals. Meanwhile, the U.S. has banned only 11 hazardous chemicals.
Chemicals policy in the U.S. can be made at the federal, state, and local levels. Regulation of chemicals in clothing at the federal level is divided among several agencies, including the Environmental Protection Agency’s Toxic Substance and Control Act (TSCA), the Consumer Product Safety Commission (CPSC), and the Consumer Product Safety Improvement Act (CPSIA).
FEDERAL REGULATIONS
The Toxic Substances Control Act (TSCA)
The Toxic Substances Control Act, updated in 2016 with the Frank R. Lautenberg Chemical Safety for the 21st Century Act, now requires more chemical oversight and testing around clothing that’s only made in the United States, which constitutes less than 3% of the clothing we wear.
The Consumer Product Safety Improvement Act (CPSIA)
The CPSIA, which is not broad enough, regulates only the levels of phthalates and lead in children’s clothing.
CPSIA On Phthalates – This went into effect in April 2018. The CPSIA Commission permanently banned a variety of phthalates on child care articles, as well as on clothing that contains concentrations of more than 0.1 percent of DINP, DNOP, or DIDP. However, shoes and socks are not considered to be children’s toys or child care articles, so their phthalate content is not regulated. See the Office of the General Counsel’s advisory opinion, which says that a doll’s shoes and socks can be regulated for phthalates, but not a shoe worn by a child.
CPSIA On Lead - Manufacturers have tried to demonstrate to the EPA that certain fabrics — such as cotton, polyester, and acrylic — don’t naturally contain high levels of lead. So according to the law, the EPA does not warrant the expense of testing for lead or phthalates in these materials. However, if these products have “surface coatings,” such as screen prints, coated zippers, and labels, they must not exceed 90 ppm. Decorations and fasteners made of metal, plastic, vinyl, crystal, and coated leather that might contain lead must be tested through a third-party, CPSC-approved laboratory. 16 CFR 1303
CPSIA On Flammability - Flammability requirements exist for all apparel (16 CRF Part 1610). Fabrics are classified into three classes based on their speed of burning. Class 3 textiles are not allowed in clothing because of their ability to catch fire. Certain classes of fabric cannot be used at all in clothing due to its potential for intense burning. There are special flammability requirements for children’s sleepwear, including pajamas, robes, nightgowns, and loungewear for sizes above 9 months to size 14. (See 16 CFR Parts 1615 and 1616.)
Tight fitting garments, as defined by the standards, are exempt from testing requirements because they are less likely to catch on fire. Polyester, acrylic, cotton, and other synthetic fiber pajamas do not need to be regulated because they are naturally flame resistant and meet the flammability requirements. The Flammable Fabrics Act Title 15 regulates clothing that’s not just sold in the U.S., but also imported.
STATE REGULATIONS
Assembly Bill A7063 in New York prohibits the manufacture, distribution, or sale, of any common apparel containing perfluoroalkyl and polyfluoro- alkyl substances as intentionally added chemicals in NY state
The Clean Water Standards for PFAS Act, introduced by Rep. Chris Pappas (D-N.H.), would force the EPA to set water discharge limits on PFAS from several industry sectors, including manufacturers of chemicals, paint, paper, plastics, electrical components, textiles and chemicals as well as leather tanning, metal finishing and electroplating companies.
California’s Proposition 65 - This law was enacted in 1986 and states that “no person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the State to cause cancer or reproductive toxicity without first giving a clear and reasonable warning.” Products containing these chemicals must have a warning label. The state’s list of more than 800 chemicals is updated at least once a year. To learn more, visit our regulation page.
Washington State Children’s Safe Products Act - In 2008, the Washington State Child Safe Product Act (CPSA) requires apparel companies to report concentrations of 66 substances, down to the component level of children’s apparel and footwear products. This law:
Limits the use of lead, cadmium, and six phthalates in children's products sold in Washington.
Limits five flame retardants in children’s products and residential upholstered furniture.
Requires manufacturers to report if their children's products contain any chemical on the list of Chemicals of High Concern to Children.
Other States - States with more progressive chemical management regulations include: Alabama, Alaska, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Montana, Michigan, Minnesota, New York, South Carolina, Oregon, Texas, Tennessee, Vermont, and Wisconsin.
Fashion Fwd advocates for stricter federal laws and regulations that work toward eliminating imported chemicals of high concern that are harmful to human and environmental health. Brands should also be legally required to tell the entire American public — not just California — when potentially harmful chemicals are used in their products.