California Proposition 65 Settlements Reached for Lead in Certain Consumer Products
Several Prop 65 settlements have been reached concerning lead in consumer products. The agreements require reformulation and/or the use of Prop 65 warning label.
- (1888PressRelease) August 11, 2017 - A number of California Proposition 65 (Prop 65) settlements have been reached requiring the reformulation of lead and/or the provision of a Prop 65 warning label.
These settlements cover a wide variety of products, including:
• Air chucks - Prop 65 warning
• Faucet remodel kits - ≤ 100 ppm otherwise warning
• Galvanized hardware cloth - ≤ 100 ppm for galvanizing solution otherwise warning for product
• Glass jewelry box with mirrored bottom and ridged metal frame - ≤ 100 ppm
• Key rings - ≤ 100 ppm for handgrips and/or accessible surfaces otherwise warning
• Quick connectors - ≤ 100 ppm otherwise warning
• Picture hanging kits:
o Galvanizing solution in which materials are submerged - ≤ 300 ppm
o Non-galvanized materials (e.g. brass alloys) - ≤ 300 ppm
otherwise warning for product
• Shock absorbers - ≤ 100 ppm otherwise warning
• Thermometers and pressure gauges with NPT connectors - ≤ 100 ppm otherwise warning
• Twist hose and jet sweeper nozzles (Twist/jet nozzles) - ≤ 100 ppm otherwise warning
• Water filter kits - ≤ 100 ppm otherwise warning
• Water heater drain valves - ≤ 90 ppm lead content and ≤ 1 μg releasable lead
• Whip hose extensions - ≤ 0.03% for exposed brass or other metal components otherwise warning
Stakeholders should note that the settlement for water heater drain valves includes an agreement for both lead content and releasable lead (NIOSH 9100).
California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique ballot initiative passed by California residents in November 1986. It obliges the state to maintain and publish a list of chemicals that are known to cause cancer, birth defects or reproductive harm. Currently, the list contains around 800 substances, with lead being classified as a chemical known to cause reproductive toxicity, since February 1987, and as a chemical known to cause cancer, since October 1992.
Companies doing business in California must follow two important rules, placed on them by Prop 65. These are:
• They must provide 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
• They must refrain from knowingly discharging a listed chemical into sources of drinking water. Once a chemical is listed, businesses must comply within 20 months
Stakeholders should be aware that new and revised language for a ‘clear and reasonable warning’ will come into effect on August 30, 2018.
Businesses with less than 10 employees and government agencies are exempt from the two provisions, as are businesses where exposure creates no significant risk of cancer, birth defects or other reproductive harm.
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. While businesses not named in Prop 65 settlements are not legally bound by the agreement, due to the unique nature of Prop 65, it is advisable for companies doing business in California to use settlement reformulation limits as a reference, in order to avoid possible future litigation.
SGS Prop 65 Services
SGS provides comprehensive testing, product assessments and consultancy services relating to California Proposition 65. They also assist with risk management in supply chains for consumer goods such as DIYs, electrical and electronics, hardgoods 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 Reformulation of Lead in Consumer Products SafeGuardS. [www.sgs.com/en/news/2017/07/safeguards-11617-california-proposition-65-reformulation-of-lead-in-consumer-products]
Subscribe here, www.sgs.com/subscribesg, 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
Email: crs.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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