Prop 65 Settlements Reached on DINP in Consumer Products
Several Prop 65 settlements have been concluded in California relating to the use of DINP in a variety of consumer products. The settlements ask for reformulation or, in some cases, the use of a Prop 65 warning may be accepted.
- (1888PressRelease) April 16, 2017 - Several California Proposition 65 (Prop 65) settlements have recently been agreed on a variety of consumer products. These agreements require the reformulation of diisononyl phthalate (DINP) to a level less than or equal to 1000 ppm. In some cases, the agreement allows for a Prop 65 warning label to be used as an alternative.
The agreements cover a range of consumer products, including:
1. Bean bag covers
2. Disposable foam earplugs
3. Drawer liners
4. Folios, keyboards and USB extension cords
5. Reusable wine safeguards
6. Security cables and their component parts
7. Tire inflators
8. Vinyl/PVC eyelash curler grips
The agreements have made provision for a Prop 65 warning to be used as an alternative for items 4 -7 on the above list. 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.
DINP was first added to the Prop 65 list, as a chemical known to cause cancer, on December 13, 2013. Since December 2014, enforcement actions against businesses that fail to warn consumers about exposure to DINP have resulted in several settlement agreements.
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 and has consistently targeted consumer products containing flame retardants, lead and phthalates.
Prop 65 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 cease 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 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, 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 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 DINP in Consumer Products SafeGuardS. (www.sgs.com/en/news/2017/04/safeguards-05517-california-proposition-65-reformulation-of-dinp-in-consumer-products)
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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