California Prop 65 Settlement Requires Strict Reformulation for Cadmium in Necklaces

A California Proposition 65 settlement has been concluded relating to the use of cadmium in necklaces. The agreement calls for a much stricter reformulation than the national, legally-binding agreement for cadmium in jewelry reached in March 2011. End Quote

(1888PressRelease) May 06, 2017 - A new California Proposition 65 (Prop 65) settlement agreement has been reached concerning the use of cadmium in necklaces. Agreed in March 2017, the settlement requires a reformulation of cadmium content to no more than 100 ppm. This is considerably lower than the 300 ppm previously agreed in a national, legally-binding settlement concerning jewelry, concluded on March 22, 2011.

Cadmium was first added to the Prop 65 list of chemicals, as a chemical known to cause cancer, in October 1987. Following its listing, companies doing business in California were required to:
• Provide a 'clear and reasonable warning', known as a Prop 65 warning, before knowingly and intentionally exposing anyone to cadmium
• Prohibit the discharge of cadmium into sources of drinking water

Stakeholders should be aware that new and revised language concerning a 'clear and reasonable warning' will come into effect on August 30, 2018.

Since being listed in October 1987, cadmium has been at the center of several Prop 65 settlement agreements involving a wide-range of consumer products. These include:
• Ceramics
• Exterior designs on food contact and non-food contact products
• Glassware
• Jewelry
• Halloween products

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 has led to numerous lawsuits, resulting in a reduction in exposure to toxic chemicals, by requiring reformulation and/or labeling.

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 specific Prop 65 settlement are not legally bound by the agreement. However, due to the unique nature of Prop 65, companies are advised to use settlement reformulation limits as a reference, in order 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 for consumer goods, such as jewelry, DIY equipment, electrical and electronics, hardgood products, juvenile products, and textile & toy products. Learn more about SGS's Prop 65 Services (www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/california-proposition-65)

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full California Proposition 65 Strict Reformulation of Cadmium in Necklaces SafeGuardS. (www.sgs.com/en/news/2017/04/safeguards-06617-california-proposition-65-strict-reformulation-of-cadmium-in-necklaces)

Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.

For further information contact:
Hing Wo Tsang
Global Hardlines Information and Innovation Manager
Tel:(+852) 2774 7420
Email: cts.media ( @ ) sgs dot com
Website: www.sgs.com/cgnr

About SGS
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.

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