Aggressive Trial Timeline Established for Case Against Oregon’s Toxic-Free Kids Act

January 11, 2022 | On January 4, the Safe to Play Coalition asked U.S. District Judge Michael H. Simon to issue a temporary restraining order to prevent the Oregon Health Authority (OHA) from taking enforcement action or issuing penalties against any companies that do not follow the new provisions under the state’s Toxic-Free Kids Act until the court rules on the broader issues in the case.

The judge did not grant the motion because of a 90-day OHA notice requirement already in place to provide companies with ample notice before they would be fined for violations. The hearing did, however, establish an aggressive trial timeline within the next 90 days and requires the OHA to notify the coalition if it initiates any enforcement action.

The trial will address the coalition’s argument that the new “Phase Three” Rule of Oregon’s Toxic-Free Kids Act, which took effect January 1, directly conflicts with the uniform system of chemical identification and testing established under the federal Consumer Product Safety and Hazardous Substances Acts. Under the new rule, companies are now required to do additional unnecessary testing and reporting to the state on chemicals in children’s products that do not present a risk to consumers.

As a member of the Safe to Play Coalition, The Toy Association will continue to keep members apprised of new developments.