Is wearing apparel subject to the phthalate limits under Section 108?
A2: Children’s wearing apparel generally is not considered a toy because it is not intended to be played with by a child. Therefore, it would not be subject to the phthalate limits. In general, costumes used for theatrical productions and for Halloween are considered wearing apparel and therefore would also not be covered by the definition of children’s toy under Section 108. However, dress or play cos tumes sold as part of a toy set and intended to be worn during play could be considered a toy under Section 108. In addition, sleepwear and bibs for children three years of age and younger would be considered child care articles as defined under Section 108 and would therefore be subject to the phthalate limits. Such items are designed or intended to facilitate sleep and could possibly contain phthalates. Children’s rainwear made of vinyl or other plastic or plastic-like material would not be sub ject to the phthalates limits, as it is not considered a toy or a child care article. Adult
