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NYS Senate and Assembly Pass Law to Protect Babies from Cancer-Causing Chemical

Posted on Jun 21, 2011
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Advocates Laud Passage as First in the Nation, Call on Governor to Sign the "Tris-free Children and Babies Act" 

Chemical Facing Ban Was Recently Found in 17% of Foam Baby Products Tested


DSCF0063 (Albany) Organizations in the JustGreen Partnership hailed passage of S. 4085a/A. 6919a in the Senate today, following the Assembly's earlier passage of the bill.  The "Tris-Free Children and Babies Act" would prohibit the sale of products containing a cancer-causing chemical called "TCEP" if they are meant for young children and babies.  TCEP is no longer produced in Europe and has been identified by Canada as posing a risk to human health.  In a recent scientific study,  TCEP was found in 17% of foam baby products tested. (Including the padded seat cushion shown here.) These products include those on which babies spend the vast majority of their time, including nursing pillows, car seats, crib positioners, baby carriers, high chairs, and booster seats.   

"It takes forward-thinking leaders like Assemblyman Sweeney and Senator Grisanti to pass the first state-level tris ban in the nation," said Kathy Curtis, Policy Director for Clean New York and co-coordinator of the JustGreen Partnership. "Until comprehensive, sensible chemical policy is a reality, we're glad we can depend on them to protect the health of New York's babies and children," Curtis added.

“This is an important step to clarify for the marketplace and for New York's consumers that what we want is safer chemicals, which lead to safer materials, and safer products," said David Levine, co-founder and Executive Director of the American Sustainable Business Council, which represents over 100,000 businesses in New York State and around the nation. "This then creates the opportunity for innovation from New York State businesses, to design new materials and products so our businesses can grow and gain market share globally, as we create greater benefit for our communities and the environment,”  Levine added.

"With today's action by the Senate and Assembly, parents in Harlem and Washington Heights can rest a little easier because chlorinated tris is no longer going to be in children's products in the discount stores they might shop at.  Assemblyman Sweeney and Senator Grisanti are to be commended for putting all of New York's children first," said Cecil Corbin-Mark, Deputy Director of WE ACT for Environmental Justice and co-coordinator of the JustGreen Partnership

"Passage of this legislation banning TCEP will help protect this generation, and all future generations of children from being exposed to harmful substances containing this deadly chemical," said Senate Environmental Conservation Committee Chair Mark Grisanti, the sponsor of the bill in the Senate.  "Protecting our children from dangerous chemicals is a no brainer and this common sense legislation is a step in this direction," Grisanti added. 

“Children are more sensitive to and are at increased risk from chemical exposure.  The passage of this legislation is an important step to protect children from unnecessary health risks caused by chemicals found in products designed for young children.  There are safer alternatives to TRIS that do not have the same health concerns,” said Assemblyman Sweeney, Chair, New York State Assembly Standing Committee on Environmental Conservation.  

TCEP a carcinogenic flame retardant on California’s Proposition 65 list of cancer-causing chemicals. Laboratory studies show TCEP causes tumors in the kidney and thyroid glands, causes reductions in fertility and poor sperm quality, and interferes with brain signaling, causing hyperactivity. 

"The dramatic rates of learning and neurological disabilities result in personal tragedies, significant health care costs – upwards of $5.4 billion nationally, based on one recent study – and increased burdens on the educational system, justice system and social safety net programs,” said Stephen Boese, Executive Director of the Learning Disabilities Association of New York State. "We can prevent some of these cases by simply being smarter about the chemicals we use.  Passage of the TRIS-free children and babies act is a good step in the right direction."

"We’re very pleased that the New York State Legislature has passed the Tris-free children and babies Act, recognizing the importance of banning this known human carcinogen in children’s products. The first question asked by every parent whose child is diagnosed with cancer is “Why?”. In the years ahead in NY State, we’ll be able to say the cause is NOT TCEP," said Christine Brouwer, Founder of Mira's Movement, a pediatric cancer support organization. "We hope we’ll be able to say that about many more toxins in our children’s environment in the near term. Thank you to Assemblyman Sweeney and Senator Grisanti for your work on this important issue on behalf of the children of New York."

"Any time that we can prevent a man-made disease caused by human exposure to a toxic chemical, we have taken an important step further toward eradication of all diseases of environmental origin. NYSNA applauds this disease-prevention measure on the part of the NYS legislature," said Thomas Lowe, MPH, RN, COHN-S, Health and Safety Representative for the New York State Nurses Association.
"This kind of legislation protects consumers from shopping in the dark because we know that toxic chemicals like Tris get added to products, but don't get listed on the label," said Russ Haven, NYPIRG Legislative Counsel.  "We thank Senator Grisanti and Assemblyman Sweeney for their leadership in securing passage of the Tris-free Children and Babies Act."
"The passage of this bill is another positive step toward making the environment safer for our children," said Kathleen Donahue, Vice-President of NYS United Teachers.

Advocates pointed to failures in the federal chemical regulatory system for ongoing use of chemicals linked to significant health problems.  They called on Congress to reform the antiquated Toxic Substances Control Act, and urged the US Senate to pass the Safe Chemicals Act, sponsored by both Senator Schumer and Senator Gillibrand.  The JustGreen Partnership noted that they would continue to work with state policymakers to advance protections for New Yorkers while federal policy discussions continued.

They urged baby product makers to end the use of toxic chemicals in their products, fully disclose product ingredients, and make public their decision-making process for determining that chemicals are safe. 

For more information about TCEP and other hazardous chemicals added to foam baby products, see www.toxicfreefiresafety.org.