The California Proposition 65 (Prop 65) list of chemicals known to cause cancer, birth defects or reproductive harm, contains six phthalates:
- Butyl benzyl - BBP
- Di-n-butyl - DBP
- Di(2-ethylhexyl) - DEHP
- Di-isodecyl - DIDP
- Diisononyl - DINP
- Di-n-hexyl – DnHP
These plasticizers are listed as causing cancer, birth defects, other reproductive harm or a combination of these toxicities.
In recent months there have been several settlement agreements reached regarding phthalates, which require either reformulation or the provision of a ‘clear and reasonable’ warning label (Prop 65 Warning). These settlements cover a variety of products, including:
- Bolster rolls and wedges - ≤ 1000 ppm DINP otherwise warning
- Cosmetic travel cases - ≤ 1000 ppm DINP otherwise warning
- Floor mats - ≤ 1000 ppm DINP otherwise warning
- ID Badge holders - ≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP
- PVC sink stoppers - ≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning
- Shampoo hose - ≤ 1000 ppm each of DEHP and DINP otherwise warning
- Splash pouches or other vinyl tarps - ≤ 1000 ppm DINP otherwise warning
- Sport bags - ≤ 1000 ppm each of DEHP and DINP otherwise warning
- Spring clamps with vinyl grips and/or tips - ≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP
- Steel hangers, in whole or in part, with grippy materials ≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP
- Vinyl hair caps - ≤ 1000 ppm each of DEHP and DINP otherwise warning
- Vinyl medical products such as mats and/or seating and cushions - ≤ 1000 ppm each of DEHP and DINP otherwise warning
- Vinyl medical products such as mats and/or seating and cushions - ≤ 1000 ppm DIDP otherwise warning
- Vinyl/PVC rainwear - < 0.1% DINP otherwise warning
Stakeholders should be aware that new and revised language for a ‘clear and reasonable’ warning has been introduced and will become effective on August 30, 2018.
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.
The “Safe Drinking Water and Toxic Enforcement Act of 1986” has led to numerous lawsuits, resulting in a reduction in exposure to toxic chemicals, by requiring reformulation and/or labeling. The law states that, unless exempted, a business must not expose individuals to the chemicals on the list without giving a Prop 65 warning. In addition, companies must also refrain from discharging listed chemicals into sources of drinking water.
Businesses with less than 10 employees and government agencies are exempt from these two provisions, as are businesses where exposure creates 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 potential 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 Phthalates in Consumer Products SafeGuardS.
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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.