In recent months, several California Proposition 65 (Prop 65) settlements have been reached concerning di-(2-ethylhexyl) phthalate (DEHP), also known as bis(2-ethylhexyl) phthalate (CAS 117-81-7). These settlements require the reformulation of DEHP or, in some instances, the application of a Prop 65 warning label.
These settlements relate to:
- Backpacks with vinyl/PVC handles and/or other components - ≤ 1000 ppm
- Badge/ID holders - < 0.1%
- Drawer liners - ≤ 1000 ppm otherwise warning
- Faux leather kid’s vests - ≤ 1000 ppm otherwise warning
- Fender covers - ≤ 1000 ppm otherwise warning
- Hat luggage cases with vinyl/PVC shoulder straps - ≤ 1000 ppm otherwise warning
- Hats - ≤ 1000 ppm otherwise warning
- Inflatable vinyl cushion - ≤ 0.1%
- Multimeters with vinyl/PVC components - ≤ 1000 ppm
- Neck rest - ≤ 1000 ppm otherwise warning
- Personal coolers with vinyl/PVC hose - < 0.1% otherwise warning
- Shower and storage caddies - ≤ 1000 ppm otherwise warning
- Solar panel wires - ≤ 1000 ppm
- Vinyl/PVC earphone cords - < 0.1%
- Vinyl/PVC hose (beer bottle fillers) - ≤ 0.1%
DEHP has been listed as a chemical known to cause cancer on the Prop 65 list since January 1, 1988.
California Proposition 65 is the “Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique consumer ‘right-to-know’ law which was passed by Californian residents in November 1986. The law requires the state of California to maintain a list of chemicals known to cause cancer, birth defects and other reproductive harm. Currently, the list contains around 800 substances.
Prop 65 places two important provisions upon companies doing business in California. These are:
- Providing a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. Once a chemical is listed, businesses have 12 months to comply with this requirement
- Prohibiting from knowingly discharging a listed chemical into sources of drinking water. Once a chemical is listed, businesses have 20 months to comply with this requirement
Stakeholders should be aware new and revised language for a ‘clear and reasonable’ warning will come into effect on August 30, 2018.
Exemptions to these provisions include companies with less than ten employees and government agencies. Businesses are also exempt if the exposures create no significant risk of cancer, birth defects or other reproductive harm.
Businesses not named in a specific Prop 65 settlement are not legally bound by that agreement. However, due to the unique nature of Prop 65, companies are advised to use settlement reformulation limits as a reference to avoid possible future litigation.
SGS Prop 65 Services
With a global network of laboratories, SGS can offer comprehensive testing, product assessment and consultancy services related to California Proposition 65. SGS can assist your risk management strategy in consumer goods, such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS’s Prop 65 Services.
SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full California Proposition 65 Reformulation of DEHP in Consumer Products SafeGuardS.
Subscribe here to receive SGS SafeGuardS direct to your inbox.
For further information contact:
Hing Wo Tsang Ph.D
Global Information and Innovation Manager
Tel:(+852) 2774 7420
SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 90,000 employees, SGS operates a network of over 2,000 offices and laboratories around the world.