Several more California Proposition 65 (Prop 65) settlements and judgements have been reached in relation to the use of six phthalates in consumer products. The six phthalates are:
• Butyl benzyl phthalate (BBP)
• Di-n-butyl phthalate (DBP)
• Di(2-ethylhexyl) phthalate (DEHP)
• Di-isodecyl phthalate (DIDP)
• Diisononyl phthalate (DINP)
• Di-n-hexyl phthalate (DnHP)
These six phthalates are among approximately 900 chemicals known to cause cancer, birth defects, other reproductive harm or a combination of these toxicities. They are all included in the Prop 65 List.
California Proposition 65 (Prop 65), or the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, is a unique piece of legislation passed in November 1986. It requires the state to maintain a list of chemicals (Prop 65 List) known to cause cancer, birth defects and/or reproductive harm. Unless exempted, businesses operating in California must provide ‘a clear and reasonable warning’ (Prop 65 Warning) before knowingly and intentionally exposing anyone to a substance on the Prop 65 List. Companies have twelve months to comply with this requirement once a substance is included in the Prop 65 List.
The latest settlements/judgements cover a wide variety of consumer products including bath stools, book bags, gel ink pens, vinyl ottomans, selfie lights, sewing kits, tank bags, textile bedding products, travel bags and wallets. To see a full list of the requirements included in these settlements, view our original SafeGuard 035/20. This includes information on what products are involved, what the reformulation is, and whether a Prop 65 Warning can be used. For example, the requirement for bicycle accessories with weatherproof components is: ≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP for accessible vinyl/PVC components, otherwise warning.
Stakeholders should note three things.
Firstly, 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.
Secondly, it is interesting to note that many of these products were not in violation of all regulated phthalates under Prop 65, but the parties agreed to a reformulation for all six phthalates.
Finally, the reformulation in relation to toy blaster sets (≤ 1000 ppm each of DEHP and DINP) does allow the use of a Prop 65 Warning. It should be remembered, however, that all toys and childcare items must remain compliant to the requirements in the Consumer Product Safety Improvement Act of 2008 (CPSIA), which covers eight phthalates, including DEHP and DINP.
Phthalates are a family of synthetic chemicals with diverse applications. They are used in many consumer products, often as a plasticizer in polymeric and rubber materials. They are also used as dispersion agents, enteric coatings, emulsifying agents, gelling agents, solubilizers (solvents), stabilizers or viscosity control agents.
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 Phthalates in Consumer Products SafeGuardS. [www.sgs.com/en/news/2020/03/safeguards-03520-california-proposition-65-reformulation-of-phthalates-in-consumer-products]
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