Several Prop 65 settlement agreements have been reached for DEHP in a variety of products. 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. It 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.
Di(2-ethylhexyl) phthalate (DEHP) has been listed as a chemical known to cause cancer since January 1988, and developmental and male reproductive toxicities since October 2003. Sources of DEHP include products containing plastic or polymeric materials such as clothing, electrical and electronic equipment/devices, food contact materials and articles, footwear, furniture, tools as well as sport and leisure goods. Unless specifically exempt, companies doing business in California have been required to provide ‘a clear and reasonable warning’ before knowingly and intentionally exposing anyone to DEHP since January 1989.
Since the publication of SafeGuard 69/19, several Prop 65 settlements for DEHP-containing consumer goods have been reached and summarized in Table 1.The reformulation for many of these products is up to 0.1% (1,000 ppm) DEHP, with a warning as an alternative. It is interesting to note that some of these settlements involve pet products (entries 10 and 16).
| Entry | Scope | Reformulation/Warning for DEHP |
|---|---|---|
| 1 | Blade bags (for fishing) | ≤ 0.1% otherwise warning |
| 2 | Blenders | ≤ 1000 ppm otherwise warning |
| 3 | Car dash cams with polymer components | ≤ 0.1% otherwise warning |
| 4 | Cleaning cloths | < 0.1% otherwise warning |
| 5 | Life vests | ≤ 0.1% otherwise warning |
| 6 | Fishing line leaders and pouches | < 0.1% otherwise warning |
| 7 | Hand-held cooler bags | ≤ 1000 ppm otherwise warning |
| 8 | Nail care kits/cosmetic color kits | < 0.1% otherwise warning |
| 9 | Paddle floats | < 0.1% otherwise warning |
| 10 | Pet raincoats | < 0.1% otherwise warning |
| 12 | Plastic cases/packaging for cleaning products | ≤ 0.1% otherwise warning |
| 13 | Plastic tennis racket cover products | ≤ 0.1% otherwise warning |
| 14 | Plastic visor products | ≤ 1000 ppm otherwise warning |
| 15 | PVC luggage covers | ≤ 0.1% otherwise warning |
| 16 | Rain boots for dogs | ≤ 0.1% otherwise warning |
| 17 | Wheelchairs and wheelchair components | < 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 offers comprehensive testing, product assessment and consultancy services related to California Proposition 65 to help you manage risk in your supply chain for consumer goods such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website.
For enquiries, please contact:
Hingwo Tsang
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