CPSC OGC Advisory Opinion No. 12

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,,,

Jlonorabla Sara J. Ervin,

Jr.

United States

Senate

Washington,·

D. c.

2051.0

Dear Senator

Brvin:

Th4 Congressional.

Liai.eoa Office

of tha .D<!parb:\ent ot Heal.th,

Education,

and Welfare has directed

your June 18 referral.

of

~1rs. Ui.llio

Ed~ondaon's letter

to thi.s agency for conuiderntion.

Hrs. Edt:l.Ondson is concerned

that

such che::dcala

as fot:t:1.1ldchyde,

dialdrin,

aldrin~

.:i.~d llnd.ino

ara being used to treat

penianent

press

clothing.·

We have no in.torc.:ition

on dieldrin,

aldrio,

and l.indane in

peX'l:l.anent press

fabrics

or clothing.

Sinc0

these

cheaicals

are

pestici.des

as defined

by tha Federal

Ins~cticido,

Fun6icide

and

Rodenticidc

Act,

they are not subject

to the jurisdiction

ot the

Cousutler ~roduct

Safety

Coc::::rl.ssion. We are thcrcforo

forwardi~

a copy of your correspondence

to the E.lvironmen'tal.

?roteccion

Ag~ncy fo~ their

con.sideratio~.

Formnl.dchydct

howevor, is subject

co t~Q Fcdera1 Ea.zardoua Subatances

Act, which ia ed~iniatcred

by thc3 CoO!:lisaion. · Under th:? provisiono

of t:hie· .. Act~ household

substances

cont:.aining l percent

or t!Ora of fort:laldch.ydc h.ava been

found to have significant

potential

for causing

hypersen3itivity

and are thus designated

OS atroug

sensitizers.

! \

An e;(.cess of formaldehyde

is so::iati.mes used \in the polyt3cri-

zation

of resins

in perrument

press

fabrics

or

r::.;J.y ba liberated

froa

&1 incomplete

polj'J;lcrization

procees.

llot.1ev,'er. ~uch f.1brics

do not contain

l perc:e.nt or more of foru:.:ild~hyde. \ • Ho::,t caoes

of

skin

rash

~ppcar

to be dua to t.he u~usu~l

sensiti,irl-tY

of a fuw

individuals

to this

cbcltlca.1 nnd to the aliiht

c.,cess

or incocpleta

polymerizat.ion

dc.scrJ.bed

above.

One or wo 'li.'~sh11~gs _usually

l:'<?.:lOVG

tho sourco of irritat:ion

since

forcaldchyJe

is uat~_er soluble.

.

,

p

-~

..

do not contain

l perc:e.nt or more of foru:.:ild~hyde. \ • Ho::,t caoes

of

skin

rash

~ppcar

to be dua to t.he u~usu~l

sensiti,irl-tY

of a fuw

individuals

to this

cbcltlca.1 nnd to the aliiht

c.,cess

or incocpleta

polymerizat.ion

dc.scrJ.bed

above.

One or wo 'li.'~sh11~gs _usually

l:'<?.:lOVG

tho sourco of irritat:ion

since

forcaldchyJe

is uat~_er soluble.

.

,

p

-~

..

.

I

I\

W'a hav~ previously

con.aidercd

thC! status

of p·ermanent

press

I

'

clothing

und~r tho .Act Ao~ have concluded

that

is oot in the

Strong

SCilBit.izc.r

C.ltegory.

In reaclrl.ng th.ia CO.JCl.usiOUt it Wll.S

.

I

.

i

\

I i

\

I

)

Honorable Sam J. Ervin, Jr.

United States Senate

Washington, D.C.

20510

Dear Senator Ervin:

(

/973'

Tha Congressional Liaison Office of tha Department of Health,

Education, and Welfare has directed your June 18 referral of

Mrs. Uillio Ednondson's letter to this agency for consideration.

Hrs. Edmondson is concerned that such chemicals as formaldehyde,

dialdrin, aldrin, and lindano are being used to treat permanent

press clothing.

We have no information on dieldrin, aldrin, and lindane in

permanent press fabrics or clothing.

Since these chemicals are

pesticides as defined by tha Federal Insecticida, Fungicide and

Rodenticide Act, they are not subject to the jurisdiction of the

Consumer Product Safety Commission.

We ara therefore forwarding

a copy of your correspondence to the Eaviromantal Protection

Agency for their consideration.

Formaldehyde, howevar, is subject

to ta Federal Hazardous Substances Act, which is administered

by the Cormission.

Under the provisions of this Act, household

substances containing I percent or ore of formaldehyde hava been

found to have significant potential for causing hypersensitivity

and are thus designated as strong sensitizers.

An excess of formaldehyde is sometimes used in the polymeri­

zation of resins in permanent press fabrics or ray be liberated

from an incomplete polymerization process

ssion.

Under the provisions of this Act, household

substances containing I percent or ore of formaldehyde hava been

found to have significant potential for causing hypersensitivity

and are thus designated as strong sensitizers.

An excess of formaldehyde is sometimes used in the polymeri­

zation of resins in permanent press fabrics or ray be liberated

from an incomplete polymerization process.

However, such fabrics

do not contain 1 percent or more of formaldehyde.] Most cases of

skin rash appear to be due to the unusual sensitiyity of a few

individuals to this chemical and to tha slight excess or incompleta

polymerization described above.

One or tvo washings usually remova

tha source of irritation since formaldehyde is val'er soluble,

,

Բ Գ

Դ

Ե i

ԶԷ

We have previously coaaidered the status of permanent press

·I

Ը

clothing under tha Act and have concluded that is not in the

strong sensitizer category.

In reaching this conclusion, it vas

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J

Ժ

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I I

I

•

acknowledged that·aome portion

of the population

ia aenait.ive

in

one vay or another to almost every article

that

entera the household,

ine.lwling

foods and household soaps.

Congress, in enacting

the

:Paderal Uazardous Sub11tancea Act, did uot intend.that

precautiona-ry

labeling

would be required

on all such products

(Senate lleport

ll58,

86 Cougreaa 2nd Session,

p. U).

A strong s~1.tiser

must baa

substance which aftecta

a significant

portion ot tha population

and

vbich may cause a strong

or severe

reaction.'

Thia is not the cue

vi.th permanent press cl•>thing.

We hopo these

comments are helpful.

If you have any further

questions,

please let

w, knov.

Sincerely

yours,

.........

' '- Richard

O. S1:npsou

Chairman

cci

EnvirollI!lental Protection

Agency

Pesticides

Regulation

Division

South Agricultural

Building

Washington, D. C.

20250

bee:

R. o.

s. M.

J. w.

E. R.

R. G.

M. A

.'

Thia is not the cue

vi.th permanent press cl•>thing.

We hopo these

comments are helpful.

If you have any further

questions,

please let

w, knov.

Sincerely

yours,

.........

' '- Richard

O. S1:npsou

Chairman

cci

EnvirollI!lental Protection

Agency

Pesticides

Regulation

Division

South Agricultural

Building

Washington, D. C.

20250

bee:

R. o.

s. M.

J. w.

E. R.

R. G.

M. A.

Prepared

by:

Revised by:

Revised

by:

Simpson

Hart

('vl/cy inc.)

Locke (w/cy inc.)

Finch

Poth

Brown

RGPoth:cvi

7/5/73

JWLocke

7 /5/73

MABrown/PWHallman:mli:7/23/73

-2-

acknowledged that some portion of the population is sensitive in

one way or another to almost evary article that enters the household,

including foods and household soaps.

Congress, in enacting the

Federal Hazardous Substances Act, did not intend that precautionary

labeling would be required on all such products (Senate Report 1158,

86 Congress 2nd Session, P. l1). A strong sensitizer must be a

substance which affects a significant portion of tha population and

which may cause a strong or severe reaction.' This is not the case

with permanent press clothing.

Wa hope these comments are helpful.

If you have any further

questions, please let us know.

Sincerely yours,

-Richard 0. Simpson

Chairman

cc: Environmental Protection Agency

Pesticides Regulation Division

South Agricultural Building

Washington, D. C.

20250

bcc:

R. o.

s. M.

J. W.

E. R.

R. G.

M. A.

Prepared by:

Revised by:

Revised by:

Simpson

Hart (w/cy inc.)

Locke (w/cy inc.)

Finch

Poth

Brown

RGPoth:cvi 7/5/73

JWLocke 7/5/73

MABrown/PWHallman:mli:7/23/73