California Proposition 65 Settlements Reached on Lead, DEHP and DINP

Since December 2015, a number of new California Proposition 65 Consent Decrees and/or Settlement Agreements (Settlements) have been concluded relating to the use of DEHP, DINP and lead in consumer products.

Proposition 65 (Prop 65), the “Safe Drinking Water and Toxic Enforcement Act of 1986, is a consumer “right-to-know law” which requires the state to maintain and update a list of chemicals known to cause cancer, birth defects or other reproductive harm. The law states that, unless exempted, a business must not expose individuals to the chemicals on the list without giving a “clear and reasonable warning”, referred to as a Prop 65 warning. In addition, companies must also refrain from discharging listed chemicals into sources of drinking water. The list was first published in 1987 and now covers approximately 800 chemicals.

Di(2-ethylhexyl) phthalate (DEHP) has been classified as a cancer causing chemical since January 1988, and as causing reproductive toxicity since 2003. It is widely used as an additive to polymers, such as paints and PVC plastic formulations, which are used in consumer products but, since it does not bind to the polymer molecules, it can be released from the product. Since January 2016, a number of settlements have been reached concerning sports nets with PVC sleeves, serving trays, game and art cases, and ponchos.

Diisononyl phthalate (DINP) was added to the list in December 2013. In December 2015 and March 2016, a number of settlements were reached, with parties agreeing to reformulate DINP to less than 0.1% in aprons, back covers for chairs, shampoo capes for kids, and to no more than 0.1% for couplings for transition pipe connections and spray head pull-up tools.

Consumer products containing lead have been consistently targeted since being listed as a chemical known to cause developmental toxicity in males and females in February 1987. Since the beginning of 2016, several settlements have been reached regarding the reformulation of lead in: brass closet flange replacement rings, brass replacement toilet flange rings, cap nuts, conduit bending levels, drain unclogging tools, gas welding torches, speaker wall plates and sprinkler heads. In some cases, the reformulation, to no more than 100ppm lead content, matches the limit value associated with lead in children’s products falling under the Consumer Product Safety Improvement Act of 2008 (CPSIA).

A Prop 65 settlement is a consent agreement between the parties named in the settlement. Parties not named in a settlement are not bound by it, but companies are advised to review their business practices with reference to the reformulated concentration limits in order to avoid being sued at a later date. In some settlements, a Prop 65 warning can be used in place of a reformulation.

In a global market, maintaining compliance with each region’s legislation can be difficult for a manufacturer. Working with a third party specialist, such a SGS, through its analytical testing and consultancy services, can help businesses remain compliant with Prop 65 regulations.

SGS Prop 65 Services
California Proposition 65 (Prop 65) services offer your organization analytical testing and consultancy services to evaluate your products for composition and to recommend a pathway to Prop 65 compliance. 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/2016/06/safeguards-11916-california-proposition-65-reformulation-of-dinp-in-consumer-products]

Read the full California Proposition 65 Reformulation of DEHP in Consumer Products ) SafeGuardS. (www.sgs.com/en/news/2016/06/safeguards-11816-california-proposition-65-reformulation-of-dehp-in-consumer-products

Read the full California Proposition 65 Reformulation of Lead in Consumer Products SafeGuardS. (www.sgs.com/en/news/2016/06/safeguards-11716-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
Global Hardlines Information and Innovation Manager
Tel:(+852) 2774 7420
Email: cts.media@sgs.com
Website: www.sgs.com/hardlines

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 85,000 employees, SGS operates a network of over 1,800 offices and laboratories around the world.

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This release was published on openPR.