In recent months, several California Proposition 65 (Prop 65) settlement agreements and judgements have been reached in relation to the use of diisononyl phthalate (DINP) in various consumer products.
Prop 65, the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, is a unique piece of legislation that passed overwhelmingly by a ballot of Californian residents in November 1986. It is a right-to-know law that requires the state to publish a list of chemicals, the Prop 65 List, that are known to cause cancer, birth defects and/or reproductive harm.
First published in 1987, the Prop 65 List currently contains around 900 chemicals. DINP was added in 2013, meaning companies have been required to provide a ‘clear and reasonable warning’, a Prop 65 Warning, to any product before knowingly and intentionally exposing anyone to DINP since December 2014.
Recent agreements relating to the use of DINP cover a wide variety of products, with the parties named in the settlements agreeing to reformulate to no more than 0.1% (1,000 ppm). They include:
• Audio wireless FM transmitters
• Bath sponge kits/cases/totes
• Brush sets
• Cast protectors
• Cellphone wallets
• Eyebrow grooming kits
• Fishing nets
• Gift wrap organizer with vinyl/PVC components
• Hanging storage bags
• Heat ceramic styling iron products with plastic cables
• High heels/shoes
• Inflatable ring cushions
• Knife bags
• Photo albums
• Plastic bags containing float papasan products
• Plastic handled coin tong products
• Plastic planted pot products
• Plastic or foam massager/recovery items
• Plastic or rubberized tools used for framing of pictures or other crafts
• Ponytail straps
• PVC work clothing
• Screwdriver sets
• Shoe flats
• Socks contained in polymer/plastic bags
• Suction cup mirrors
• Swim vests
• Vinyl covered cocktail shakers
• Wallets/credit card holders
Stakeholders should be aware a Prop 65 Warning is allowed as an alternative in all these settlements and judgements except the ones relating to photo albums, ponytail straps, and socks contained in polymer/plastic bags.
Prop 65 settlements are consent agreements between the parties named in the settlement. Parties not named in a settlement are not bound by it, but it is advisable for all businesses operating in California to stay aware of them to help avoid potential future problems.
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]
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 DINP in Consumer Products SafeGuardS. [www.sgs.com/en/news/2020/03/safeguards-03820-california-proposition-65-reformulation-of-dinp-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 Information and Innovation Manager
Tel:(+852) 2774 7420
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 94,000 employees, SGS operates a network of over 2,600 offices and laboratories around the world.