Prop 65 Settlements Reached for DEHP in Consumer Products

Several California Proposition 65 (Prop 65) settlements have been reached involving di(2-ethylhexyl) phthalate (DEHP) since late 2016. These settlements require the parties named in the settlements to reformulate DEHP to a level less than or equal to 0.1%. In some cases, the settlements also allow for the use of a ‘clear and reasonable’ warning, known as a Prop 65 warning.

These settlements cover:

• Car mounts - ≤ 1000 ppm otherwise warning
• Electrical tapes - ≤ 0.1%
• Key safes - ≤ 0.1%
• LED butterflies with plastic suction cups - ≤ 0.1%
• Massage rollers - ≤ 0.1%
• Mirrors with plastic suction cups - ≤ 1000 ppm otherwise warning
• Paper towel holders - ≤ 0.1%
• Pencil bags - ≤ 1000 ppm
• PVC/Vinyl lace edgings - ≤ 0.1%
• Throttle controls - ≤ 1000 ppm otherwise warning
• USB personal fans - ≤ 1000 ppm otherwise warning
• Vinyl/PVC hose, tubing and/or spray heads, and faucet connecters - ≤ 0.1% otherwise warning
• Vinyl/PVC zipper pull component of ear bud cases - ≤ 1000 ppm otherwise warning

California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique ballot initiative passed by California residents in November 1986. It obliges the state to maintain and publish a list of chemicals that are known to cause cancer, birth defects or reproductive harm. Currently, the list contains around 800 substances, with DEHP being classed as a chemical known to cause cancer, since January 1988, and as a chemical causing reproductive toxicity, since October 2003.

Prop 65 places a number of provisions upon companies doing business in California, including the requirement to provide ‘a clear and reasonable warning’ before knowingly and intentionally exposing anyone to a chemical on the list. This has been a requirement for DEHP since January 1989. Stakeholders should be aware that revised language for a ‘clear and reasonable warning’ will become effective on August 30, 2018.

Businesses with less than 10 employees and government agencies are exempt from this provision, along with businesses where exposure creates no significant risk of cancer or other reproductive harm.

The “Safe Drinking Water and Toxic Enforcement Act of 1986” has led to numerous lawsuits, resulting in a reduction in exposure to toxic chemicals, by requiring reformulation and/or labeling. While businesses not named in Prop 65 settlements are not legally bound by the agreement, due to the unique nature of Prop 65, it is advisable for companies doing business in California to use settlement reformulation limits as a reference, in order to avoid possible future litigation.

SGS Prop 65 Services
SGS provides comprehensive testing, product assessments and consultancy services relating to California Proposition 65. They also assist with risk management in supply chains for 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 DEHP in Consumer Products SafeGuardS. [www.sgs.com/en/news/2017/07/safeguards-11517-california-proposition-65-reformulation-of-dehp-in-consumer-products]

Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Hing Wo Tsang PH.D.
Global Information and Innovation Manager
Tel:(+852) 2774 7420
Email: crs.media@sgs.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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This release was published on openPR.