Europe Restores Toxic Flame Retardant Ban Similar to Washington’s

Washington State Department of Ecology

Department of Ecology News Release - April 4, 2008

08-080

Europe Restores Toxic Flame Retardant Ban Similar to Washington’s

OLYMPIA – Washington Department of Ecology Director Jay Manning today welcomed the decision by the European Court of Justice to restore and implement a ban in the European Union on the toxic flame retardant deca-BDE in electronic products. The flame retardant will be banned in electronic equipment effective July 1 of this year.

The 2007 Washington Legislature passed a similar ban on certain products containing deca-BDE. The ban was proposed by the Washington Department of Ecology after a three-year study of the chemical flame retardant.

“When we proposed the ban, we knew it would be a tough sell because no other jurisdiction had yet banned deca,” said Manning. “But the science was clear, and the Legislature made the right choice. The ruling in Europe confirms that.”

A key argument against the Washington ban was that because one state could not force manufacturers to use safer alternatives, many electronic products would no longer be available in Washington. “The EU ruling puts that fear to rest,” Manning said.

“As of July 1, if manufacturers want to sell electronic products in Europe, they have to be deca-free. That means a full range of safe computers, televisions and other products will be available to Washingtonians, too. Our ban ensures that we won’t be a dumping ground for products that aren’t safe enough to be sold in Europe.”

In April 2007, Governor Chris Gregoire signed into law the Washington ban on electronic products and furniture that contain deca. The ban will go into effect as soon as environmental and health agencies confirm that safer alternatives are available. Firefighting officials must also confirm that fire safety standards will still be met. Alternatives are being studied now, with a report due to the Legislature in December 2008. A ban on mattresses containing deca-BDE went into effect in January of this year.

Flame retardants are used in everyday items such as computer casings, carpet pads and foam cushions in chairs and couches to reduce their ability to catch fire. However, in recent years, the family of flame retardants known as polybrominated diphenyl ethers, or PBDEs, has raised health concerns. Scientists have found that:

PBDEs leach out of consumer products into the environment.
PBDEs are showing up in the air, soil and sediment, and are building up in animals throughout the food chain.
PBDEs travel great distances and have been detected in remote regions, turning up even in the bodies of polar bears in the Arctic. PBDEs are being found in food such as meat, dairy products, and fruits and vegetables -- as well as indoor air and household dust. And because some PBDEs don’t break down easily, the levels of PBDEs in the environment are steadily rising.
In lab tests with rodents, some PBDEs have been linked to problems in brain development and thyroid hormones. Most of these problems stem from pre-natal exposure and exposure soon after birth. The health effects appear to be permanent. Scientists are concerned children and the unborn may be subject to similar health problems because their bodies are smaller and still developing.
PBDE levels in humans are about 10 to 100 times higher in the U.S., the world’s largest producer and consumer of PBDEs, than in Europe. Scientists say North American levels appear to be rising at an exponential rate, doubling every two to five years.
Studies indicate concentrations of PBDEs in humans in the U.S. are rising. PBDEs have been found in human blood, fat and breast milk. (Breast-feeding appears to overcome some of the effects of harmful chemicals and remains the healthiest way to feed babies.)

Link to the judgment:
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=Rechercher$docrequire=alldocs&numaff=C-295/06&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100

For more information on toxic flame retardants in Washington State:
http://www.ecy.wa.gov/programs/swfa/pbt/pbde.html (Link updated 04/07/08.)

http://www.ecy.wa.gov/pubs/0807001.pdf

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Technical Contact: Mike Gallagher, Ecology PBT Coordinator, 360-407-6868; mgal461@ecy.wa.gov

Media Contact: Michael Bergman, Ecology Environmental Educator, 360-407-6243; mber461@ecy.wa.gov