California Proposition 65 Settlements Concluded on Use of DEHP
California has concluded several Prop 65 settlements involving inclusion of DEHP in consumer products. The agreements require the reformulation of DEHP to levels equal or below 0.1% and, in some cases, a Prop 65 warning will be allowed.
- (1888PressRelease) January 04, 2017 - California has concluded a number of Proposition 65 (Prop 65) settlement agreements relating to the use of DEHP in various consumer products. The settlements require DEHP to be reformulated to less than or equal to 0.1%.
The agreements, reached in the second quarter of 2016, relate to several products, including:
• Archery bows
• Booster cable clamps
• Compact mirrors
• Extreme duty tarps
• Exercise armbands
• Eye shadow compacts
• Floor protectors
• Eyelash curlers
• Nose trimmers and back scratchers
• Pressure washer pump savers
• Sports armbands
• Vinyl/PVC components in art case handles, chairs, fuel pump nozzles, handheld exercise weights, and covered lap top cushions, supports and pads
In some cases, a 'clear and reasonable warning', known as a Prop 65 warning, is accepted as an alternative. Stakeholders should be aware that the Office of Administrative Law has recently approved changes to the law relating to the language and design of a 'clear and reasonable warning'. This will come into effective on August 30, 2018.
Prop 65, the "Safe Drinking Water and Toxic Enforcement Act of 1986", is a unique consumer "right-to-know law", which requires the state to maintain and update a list of chemicals known to cause cancer, birth defects or other reproductive harm. Di-(2-ethylhexyl) phthalate (DEHP), also known as bis(2-ethylhexyl) phthalate (CAS 117-81-7), has been listed as a chemical known to cause cancer, since January 1, 1988. In October 2003, DEHP was also listed as a chemical known to cause developmental toxicity and male reproductive toxicity
The "Safe Drinking Water and Toxic Enforcement Act of 1986" has allowed numerous lawsuits to be instigated. These have led to a reduction in exposure to toxic chemicals, by requiring reformulation and/or labeling. The law states that, unless exempted, a business must not expose individuals to the chemicals on the list without giving a Prop 65 warning. In addition, companies must also refrain from discharging listed chemicals into sources of drinking water.
Businesses not named in a Prop 65 settlement are not bound by the agreement. However, due to the unique nature of Prop 65, companies are advised to use settlement reformulation limits as a reference, in order to avoid possible future litigation. SGS, with its global network of laboratories, has the expertise to help manufacturers conform with all national and international regulations.
SGS Prop 65 Services
California Proposition 65 (Prop 65) services offer your organization analytical testing and consultancy services to evaluate your products for composition and to recommend a pathway to Prop 65 compliance. 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/2016/12/safeguards-18116-california-proposition-65-reformulation-of-dehp-in-consumer-products)
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For further information contact:
Hing Wo Tsang
Global Hardlines Information and Innovation Manager
Tel:(+852) 2774 7420
Email: cts.media ( @ ) sgs dot com
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 85,000 employees, SGS operates a network of over 1,800 offices and laboratories around the world.