By Jessica Inna Gromyko, JHBL Staffer

You cannot see them, nor can you taste them, however the chemicals in your personal care products, your food shortage containers, your vinyl flooring, amongst other everyday items, may shorten your life.[1] These hormone disrupting chemicals, called phthalates, are not regulated by the FDA to high standards[2]. More Americans will continue to suffer from adverse health effects and die premature deaths if these chemicals remain in consumer products.

Phthalates are known as “the everywhere chemicals” due to their containment in numerous consumer products.[3] They are found in toys, personal care products such as soap and shampoo, makeup, perfume, food shortage containers, laundry detergents, and even clothes and furniture.[4] Phthalates are a group of man-made chemical compounds that are used to make plastic more flexible and durable.[5] Moreover, phthalates serve as solvents and binding agents in makeup, soaps, and lotions.[6] Phthalates were first introduced in the 1920’s and replaced previous chemicals that made plastics more flexible.[7] With increased commercial availability of a type of phthalate, polyvinyl chloride, also known as PVC, and the development of another type of phthalate, di-2-ethylhexyl phthalate, or DEHP, phthalates rose in popularity and became more commonly found in various consumer products.[8]

Because phthalates are easily released into the environment, human exposure to phthalates is easy and extremely common.[9] According to Dr. Leonardo Trasande, director of NYU Langone’s Center for the Investigation of Environmental Hazards, 99 out of 100 Americans would have evidence of phthalates in their urine.[10] Moreover, a study conducted by the Centers for Disease Control and Prevention similarly showed that the majority of people have metabolites of phthalates in their urine.[11] Humans are exposed to phthalates by absorption through skin, inhalation, dermal contact, and most easily, through diet.[12]

Phthalate exposure has been found to directly alter hormonal balance and potentially cause reproductive and developmental harm, and according to a new study published on October 10, 2021 by the New York University’s Grossman School of Medicine, premature deaths.[13] These endocrine-disrupting chemicals, or EDC’s, have been linked to lower sperm counts, increase infertility, increase the risk of miscarriage and gestational diabetes in pregnant women, and induce adverse effects to the thyroid, liver, kidneys and immune system. Moreover, phthalates have been found to increase children’s allergies, premature puberty, asthma, ADHD, and even lower their IQ.[14] The new study published this week looked at the phthalate concentration in urine samples of more than 5,000 adults aged 55 – 64 and compared their levels to the risk of an early death over an average of 10 years.[15] The study concluded that phthalates could contribute to 91,000 to 107,000 premature American deaths per year, approximately a $40 billion to $47 billion loss in each year’s economic productivity.[16]

The FDA monitors phthalates in food packaging and the EPA regulates phthalates under its clean air and water authority.[17] In 2008, Congress passed a bill that directed the Consumer Product Safety Commission to permanently ban only eight phthalates in certain children’s products.[18] Additionally, the U.S. Food and Drug Administration recommended in a safety alert that health care providers should limit the exposure of di-2-ethylhexyl-phthalate, or DEHP, to male babies in medical procedures.[19]

Phthalates in cosmetics and personal care products are largely unregulated by the FDA.[20] The FDA does not regulate the use of dibutyl phthalate, or DBP, and DEHP in cosmetics.[21] The FDA has concluded through its own studies that DEP poses no health risks and is safe to use in cosmetics and fragrances.[22] Additionally, the U.S Alcohol Tax and Trade Bureau determined DEP is safe when used as an alcohol denaturant.[23] On a more positive note, some major retailers, such as Target and Walmart, have taken regulatory matters into their own hands by eliminating phthalates in some of their products.[24]

The FDA must do more to regulate phthalates. It is frightening that millions of adults and children in the U.S are exposed to these dangerous chemicals simply by performing daily tasks such as washing their hair or spraying perfume. It is alarming that such tasks can lead to hormonal imbalances and premature deaths if used with the phthalate containing products. The FDA must consider safer alternatives and get rid of phthalates altogether. Perhaps it will be more costly for the economy, however if further actions are not taken, the health of society at large will be severely damaged. The new published study adds to the growing number of research on the impact of phthalates on the human body.[25] Undoubtedly, there will be future studies that will show additional adverse health effects that are not yet discovered.

In conclusion, phthalates are extremely dangerous chemicals that can wreak havoc on the human body.[26] They are found in a majority of plastic and personal care consumer products.[27] Although the FDA and EPA regulate the use of phthalates, they must get rid of phthalates altogether by choosing a safer alternative to prevent a future public health crisis.[28]


Jessica Inna Gromyko is a second-year law student at Suffolk University Law School and a staff member for the Journal of Heath and Biomedical Law. She graduated Hunter College in three years with a bachelor’s degree in political science and Russian language. Jessica is passionate about international and family law.

Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHBL or Suffolk University Law School.


Sources

[1] https://www.sciencedirect.com/science/article/abs/pii/S0269749121016031

[2] https://www.compliancegate.com/phthalate-regulations-united-states/

[3] https://www.cnn.com/2021/10/12/health/plastic-chemical-early-death-wellness/index.html

[4] Id.

[5] https://www.theguardian.com/us-news/2019/may/23/phthalates-everyday-products-toxics-guide

[6] Id.

[7] https://www.isotope.com/corporate-overview/newsletters.cfm?nid=The%20Standard%20%E2%80%93%20January%202015&aid=Phthalates

[8] Id.

[9] Id.

[10] https://www.cnn.com/2021/10/12/health/plastic-chemical-early-death-wellness/index.html

[11] Id.

[12] https://www.isotope.com/corporate-overview/newsletters.cfm?nid=The%20Standard%20%E2%80%93%20January%202015&aid=Phthalates

[13] https://www.theguardian.com/us-news/2019/may/23/phthalates-everyday-products-toxics-guide and https://www.sciencedirect.com/science/article/abs/pii/S0269749121016031

[14] https://www.theguardian.com/us-news/2019/may/23/phthalates-everyday-products-toxics-guide

[15] https://www.sciencedirect.com/science/article/abs/pii/S0269749121016031

[16] Id.

[17] https://www.ecocenter.org/healthy-stuff/reports/vinyl-floor-tiles/flooring_phthalate_hazards

[18] Id.

[19] Id.

[20] https://makeup.lovetoknow.com/Phthalates_in_Cosmetics

[21] Id.

[22] Id.

[23] Id.

[24] Id.

[25] https://www.sciencedirect.com/science/article/abs/pii/S0269749121016031

[26] https://www.afn.ca/uploads/files/env/phthalates.pdf

[27] Id.

[28] Id.

https://www.cnn.com/2021/10/12/health/plastic-chemical-early-death-wellness/index.html

https://www.theguardian.com/us-news/2019/may/23/phthalates-everyday-products-toxics-guide

https://www.compliancegate.com/phthalate-regulations-united-states/

https://www.ecocenter.org/healthy-stuff/reports/vinyl-floor-tiles/flooring_phthalate_hazards

https://www.isotope.com/corporate-overview/newsletters.cfm?nid=The%20Standard%20%E2%80%93%20January%202015&aid=Phthalates

https://www.afn.ca/uploads/files/env/phthalates.pdf

https://www.sciencedirect.com/science/article/abs/pii/S0269749121016031

https://makeup.lovetoknow.com/Phthalates_in_Cosmetics