SGS Summarizes Several California Proposition 65 Settlements Involving Consumer Products
SGS provides a roundup of various California Prop 65 settlements involving the use of lead, BBP, DBP, DEHP, DIDP, DINP, DnHP, BPA, diethanolamine, carbon monoxide and soot in consumer products.
- (1888PressRelease) June 06, 2019 - In California, several settlements have been reached relating to the use of listed substances in consumer products. While these consent agreements only bind the named parties, all businesses operating in California are advised to stay aware of them to help avoid potential future problems.
California Proposition 65 (Prop 65), or the Safe Drinking Water and Toxic Enforcement Act of 1986, was passed in November 1986. It requires the state to maintain a list of chemicals (Prop 65 List) known to cause cancer, birth defects and/or reproductive harm. This list now contains approximately 900 substances.
Businesses operating in California must provide a clear and reasonable warning (Prop 65 Warning) before knowingly and intentionally exposing anyone to a substance on the Prop 65 List. Once a substance is listed, companies have twelve months to comply with this requirement.
The substances and the years they were listed in this recent list of settlements are:
Lead - 1987
Butyl benzyl phthalate (BBP) - 2005
Di-n-butyl phthalate (DBP) - 2005
Di(2-ethylhexyl) phthalate (DEHP) - 1988 (cancer), 2003 (birth defects & reproductive harm)
Di-isodecyl phthalate (DIDP) - 2007
Diisononyl phthalate (DINP) - 2013
Di-n-hexyl phthalate (DnHP) - 2005
Bisphenol A (BPA) - 2015
Diethanolamine - 2012
Carbon monoxide - 1989
Soot - 1987
Many of these substances have consistently been targeted since they were listed, which has resulted in numerous lawsuits, settlements and judgements. In many cases a reformulation is required but in some instances a Prop 65 warning is allowed as an alternative.
SGS constantly monitors the legal landscape surrounding Prop 65 to ensure stakeholders remain informed on the outcomes of settlements and judgements. They also provide interested parties with insights into the details of the judgements, which may help businesses better understand the implications of an agreement and thereby help avoid potential future litigation.
Prop 65 settlements and judgements have been reached on a wide variety of substances used in consumer goods, including:
Chemicals:
o BPA - chillers/cold paddles, polycarbonate baking mold/cutter sets, polycarbonate drinkware, polycarbonate goblets and salad servers , polycarbonate pitchers, polycarbonate spoons
o DBP - bicycle starter packs, polymer exercise balls, rollerball body massagers
o Diethanolmine - hand wash products
o Carbon monoxide & soot - citronella oil products, fire starter items
DEHP - apparel, DIY tools and hardware products, electrical and electronic equipment and accessories, food contact materials and articles, houseware products, personal care products, pet products and accessories, sport and leisure products
Lead and phthalates - bags, book covers, electrical components and accessories (outlets), flashlights, hammers and screwdrivers, security products, products made using Vinyl/PVC
To read the full terms of each of these settlements and learn how they may influence future product development, read the relevant SGS Safeguards:
Chemicals Safeguard 068/19 [www.sgs.com/en/news/2019/05/safeguards-06819-california-proposition-65-reformulation-of-chemicals-in-consumer-products]
DEHP Safeguard 069/19 [www.sgs.com/en/news/2019/05/safeguards-06919-california-proposition-65-reformulation-of-dehp-in-consumer-products]
Lead and phthalates Safeguard 070/19 [www.sgs.com/en/news/2019/05/safeguards-07019-california-proposition-65-reformulation-of-lead-and-phthalates-in-consumer-products]
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 SGSs Prop 65 Services. [www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/california-proposition-65]
Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.
For further information contact:
Hingwo Tsang
Global Information and Innovation Manager
Tel:(+852) 2774 7420
Email: crs.media ( @ ) sgs dot com
Website: www.sgs.com/cgnr
LinkedIn: sgs-consumer-goods-&-retail
About SGS
SGS is the worlds leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 97,000 employees, SGS operates a network of over 2,600 offices and laboratories around the world.
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