Numerous Parties Conclude Prop 65 Settlements for Phthalates
A number of Californian Proposition 65 (Prop 65) settlements relating to phthalates were reached during the second quarter of 2016. They cover a range of products including:• Clear plastic name tag lanyards with graphic designs
• Exercise balls
• Flag football belts
• Floor protection products
• Pruners
• PVC air hose
• Suction hooks
• Tool bags
• Training ropes
• USB cables
• Vinyl/PVC components in audio cables and tool grips
• Waterproof pouches
• Washing machine connectors
In several instances, a ‘clear and reasonable warning’, known as a Prop 65 warning, is acceptable as an alternative. Stakeholders should be aware that the Office of Administrative Law has recently approved an amendment to the law pertaining to the language and design of a ‘clear and reasonable warning’. This will become effective on August 30, 2018.
Prop 65, the “Safe Drinking Water and Toxic Enforcement Act of 1986, is a unique 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 list of proscribed chemicals was first published in 1987 and now covers approximately 800 chemicals and includes six phthalates – BBP, DBP, DEHP, DIDP, DINP and DnHP.
Since its inception thirty years ago, the law has been effective in reducing exposure to toxic chemicals, with numerous lawsuits being initiated, resulting in a reduction in the use of carcinogenic and reproductively harmful 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 refrain from discharging listed chemicals into sources of drinking water.
Businesses not named in a Prop 65 settlement are not bound by the agreement. However, due to the unique nature of Prop 65, companies wishing to avoid litigation are advised to use the reformulated concentration limits as a reference. SGS, with its global network of laboratories, has the expertise to help manufacturers conform with all national and international regulations.
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 Phthalates in Consumer Products SafeGuardS. (www.sgs.com/en/news/2016/12/safeguards-18016-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
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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