Multiple Prop 65 settlement agreements and judgments have been reached for DINP in a variety of products. Many of these allow a Prop 65 warning as an alternative.
California Proposition 65 (Prop 65) is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a ballot initiative passed overwhelmingly by Californian residents in November 1986. This unique right-to-know law requires the state to publish a list of chemicals that are known to cause cancer, birth defects and/or reproductive harm. First published in 1987, the list has evolved to approximately 900 chemicals.
Unless specifically exempted, companies doing business in California have been required to provide ‘a clear and reasonable warning’ before knowingly and intentionally exposing anyone to diisononyl phthalate (DINP) since December 2014.
Multiple Prop 65 settlements and judgments have been reached for DINP in a variety of consumer products. These include, inter alia, electrical items, footwear, hanging storage bags, household sundries, inflatable ring cushions, massage products and tools.
Highlights of these settlements and judgments are summarized in Table 1. The parties in these settlements and judgments agreed to a reformulation of no more than 0.1% (1,000 ppm) DINP and many allow a Prop 65 warning as an alternative.
| Entry | Scope | Reformulation/warning for DINP |
|---|---|---|
| 1 | Audio wireless FM transmitters | < 0.1% otherwise warning |
| 2 | Bath sponge kits/cases/totes | ≤ 0.1% otherwise warning |
| 3 | Brush sets | ≤ 1,000 ppm otherwise warning |
| 4 | Cast protectors | ≤ 0.1% otherwise warning |
| 5 | Cellphone wallets | ≤ 0.1% otherwise warning |
| 6 | Eyebrow grooming kits | ≤ 0.1% otherwise warning |
| 7 | Fishing nets | ≤ 0.1% otherwise warning |
| 8 | Gift wrap organizer with vinyl/PVC components | ≤ 0.1% otherwise warning |
| 9 | Hanging storage bags | ≤ 0.1% otherwise warning |
| 10 | Heat ceramic styling iron products with plastic cables | ≤ 1,000 ppm otherwise warning |
| 11 | High heels/shoes | ≤ 0.1% otherwise warning |
| 12 | Inflatable ring cushions | ≤ 0.1% otherwise warning |
| 13 | Knife bags | ≤ 0.1% otherwise warning |
| 14 | Photo albums | < 0.1% |
| 15 | Plastic bags containing float papasan products | ≤ 1,000 ppm otherwise warning |
| 16 | Plastic handled coin tong products | ≤ 1,000 ppm otherwise warning |
| 17 | Plastic planted pot products | ≤ 1,000 ppm otherwise warning |
| 18 | Plastic or foam massager/recovery items | ≤ 1,000 ppm otherwise warning |
| 19 | Plastic or rubberized tools used for framing of pictures or other crafts | ≤ 1,000 ppm otherwise warning |
| 20 | Ponytail straps | ≤ 1,000 ppm |
| 21 | PVC work clothing | ≤ 0.1% otherwise warning |
| 22 | Screwdriver sets | ≤ 1,000 ppm otherwise warning |
| 23 | Shoe flats | ≤ 1,000 ppm otherwise warning |
| 24 | Socks contained in polymer/plastic bags | ≤ 0.1% |
| 25 | Suction cup mirrors | ≤ 0.1% otherwise warning |
| 26 | Swim vests | ≤ 0.1% otherwise warning |
| 27 | Vinyl covered cocktail shakers | < 0.1% otherwise warning |
| 28 | Wallets/credit card holders | ≤ 0.1% otherwise warning |
Table 1
A Prop 65 settlement is a consent agreement between the parties named in the settlement and a party not named in a settlement is not bound by that settlement.
Throughout a global network of laboratories, SGS can offer comprehensive testing, product assessments and consultancy services related to California Proposition 65 to assist your risk management in your supply chain for consumer goods such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. For further information, please visit our website.
For enquiries, please contact:
Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420
© SGS Group Management SA - 2020 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’ prior written consent.
