New California Proposition 65 Reformulations for Phthalates in Consumer Products
Since the fourth quarter of 2016, there have been a number of Prop 65 settlements involving phthalates, some of which allow a Prop 65 warning label as an alternative.
- (1888PressRelease) August 10, 2017 - Since Q4 of 2016, there have been a number of California Proposition 65 (Prop 65) settlements in a wide variety of products requiring the reformulation of phthalates, some of which allow a Prop 65 warning label.
California Proposition 65 (Prop 65) is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique ‘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 that are known to cause cancer, birth defects or reproductive harm. First published in 1987 and updated at least once a year, the list currently contains around 800 substances.
Prop 65 places two important provisions for companies doing business in California. These are:
• The provision of 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. The new and revised language for a clear and reasonable warning will become effective on August 30, 2018
• The prohibition of knowingly discharging any listed chemical into drinking water sources. Once a chemical is listed, businesses have 20 months to comply with this requirement
Six phthalates (BBP, DBP, DEHP, DIDP, DINP and DnHP) are included on the Prop 65 list. These plasticizers are known to the state of California to cause cancer, birth defects, other reproductive harm or a combination of these toxicities.
Highlights of these settlement agreements are summarized below. It is interesting to note that there was a settlement agreement involving six phthalates in PVC packaging materials, item 11.
1. Balance balls - ≤ 0.1% each of DEHP and DINP
2. Bath mats - ≤ 1000 ppm each of DEHP and DINP otherwise warning
3. Exercise mats - ≤ 0.1% each of DEHP and DINP
4. Glue gun - ≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning
5. Liners (grip, shelf, kitchen, garage, grip-n-stick) - ≤ 1000 ppm each of DEHP and DINP
6. Grip pads - ≤ 1000 ppm each of DEHP and DINP
7. Hand tools - ≤ 0.1% each of DEHP and DINP
8. Heavy duty rod holder - ≤ 1000 ppm each of DEHP and DINP otherwise warning
9. Hearing muffs - ≤ 1000 ppm each of DEHP and DINP otherwise warning
10. PVC decoy cords - ≤ 1000 ppm each of DEHP and DINP
11. PVC packaging - ≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP
12. PVC roll top pouches - ≤ 1000 ppm each of DEHP and DINP otherwise warning
13. Vinyl/PVC helmet pumps and needles - < 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP
14. Walking canes - ≤ 1000 ppm each of DEHP and DINP otherwise warning
15. Weighted exercise balls - ≤ 0.1% DBP otherwise warning
Definitions
• BBP Butyl benzyl
• DBP Di-n-butyl
• DEHP Di(2-ethylhexyl)
• DIDP Di-isodecyl
• DINP Diisononyl
• DnHP Di-n-hexyl
Businesses with fewer than 10 employees and government agencies are exempt from this provision, as are businesses where exposure creates no significant risk of cancer or other reproductive harm.
Businesses not named in a 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 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. (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 Phthalates in Consumer Products SafeGuardS. (www.sgs.com/en/news/2017/07/safeguards-11217-california-proposition-65-reformulation-of-phthalates-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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