SGS Releases Summaries of California Proposition 65 Settlements for Lead and Phthalates in Consumer Products

Several California Proposition 65 settlements and judgements have been reached relating to the inclusion of lead and certain phthalates in consumer products. While consent agreements only affect the named parties, all businesses operating in California are advised to stay cognisant of them to help avoid potential future litigation.

California Proposition 65 (Prop 65), or the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, is a ballot initiative that passed overwhelmingly in November 1986. This unique right-to-know law requires the state to maintain a list of chemicals (Prop 65 List) that are known to cause cancer, birth defects and/or reproductive harm.

The Prop 65 List now contains approximately 900 chemicals, including lead and six phthalates:

• Butyl benzyl phthalate (BBP, CAS 85-68-7)
• Di-n-butyl phthalate (DBP, CAS 84-74-2)
• Di(2-ethylhexyl) phthalate (DEHP, CAS 117-81-7)
• Di-isodecyl phthalate (DIDP, CAS 68515-49-1 and 26761-40-0)
• Diisononyl phthalate (DINP)
• Di-n-hexyl phthalate (DnHP, CAS 84-75-3)

The law requires companies doing business in California to provide ‘a clear and reasonable warning’, the Prop 65 Warning, before knowingly and intentionally exposing anyone to a substance on the Prop 65 List. This provision comes into effect twelve months after the substance is listed. For example, it came into effect for lead in February 1988 and for DINP in December 2014.

Since their addition to the Prop 65 List, multiple lawsuits have related to the use of lead and phthalates – their use in consumer products has consistently been targeted. The vast majority of settlements and judgements therefore relate to them; either requiring a reformulation or, in some cases, the use of the Prop 65 warning.

SGS experts constantly monitor the legal landscape surrounding Prop 65 to keep stakeholders informed on 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 issues.

Prop 65 settlements and judgements have been reached on a wide variety of substances used in consumer goods, including:
• Lead - DIY, tools & hardware products, housewares, instruments, jewelry, seasonal products, sport and leisure accessories
• DINP - bags, DIY products, electronic accessories, furnishings, hats, houseware, juvenile product accessories, mouth call cases, pet products, stationery and office supplies, and wine product accessories
• Six phthalates (BBP, DBP, DEHP, DIDP, DINP and DnHP) - binder clip grip materials, cases using vinyl/PVC or other plastics, insulated electrical wires, coated utility and storage hooks, cosmetic bags, earwax removal kits, first aid kits, fishing lures, hair tool totes, keychains, jump ropes, math essentials kits, tile mallets, and various products using vinyl/PVC

SGS publishes the lists and information on reformulations and/or warning requirements in its Safeguard series of news items. To learn more about the agreements and judgements, and see a full list of the consumer products involved, view the individual Safeguards:
• Lead – Safeguard 063/19 [www.sgs.com/en/news/2019/05/safeguards-06319-california-proposition-65-reformulation-of-lead-in-consumer-products]
• Six phthalates – Safeguard 065/19 [www.sgs.com/en/news/2019/05/safeguards-06519-california-proposition-65-reformulation-of-phthalates-in-consumer-products]
• DINP – Safeguard 066/19 [www.sgs.com/en/news/2019/05/safeguards-06619-california-proposition-65-reformulation-of-dinp-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 SGS’s 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.com
Website: www.sgs.com/cgnr
LinkedIn: sgs-consumer-goods-&-retail

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 97,000 employees, SGS operates a network of over 2,600 offices and laboratories around the world.

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This release was published on openPR.