California Prop 65 Settlements on Phthalates in Certain Consumer Products

Top Quote Several California Prop 65 settlements have been reached involving the use of phthalates in a wide variety of products. These agreements call for reformulation or the use of a Prop 65 warning. In two cases, an unlisted phthalate - DIBP - is included in the settlement agreement. End Quote
  • (1888PressRelease) April 17, 2017 - In recent months, there has been an increase in the number of California Proposition 65 (Prop 65) settlements concerning the use of phthalates in consumer products. These settlements require the manufacturer named in the agreement to reformulate, although in some instances a Prop 65 warning is accepted.

    Phthalates included on the Prop 65 list of chemicals are:
    BBP: butyl benzyl phthalate
    DBP: di-n-butyl phthalate
    DEHP: di(2-ethylhexyl) phthalate
    DIBP: diisobutyl phthalate
    DIDP: di-isodecyl phthalate
    DINP: diisononyl phthalate
    DnHP: di-n-hexyl phthalate

    The recent settlements relate to the following products:
    Crimpers with vinyl grips
    Cup hooks
    Vinyl coated utility hooks
    Gloves
    Hanger hooks covered with vinyl (in whole or in part)
    Sink mats
    Sprayers with vinyl/PVC tubing
    Vinyl/PVC tubing components
    Squeegees with vinyl/PVC blades
    Vinyl coated utility hooks
    Vinyl covers
    Vinyl/PVC cutting mats
    Vinyl/PVC tethers
    Vehicle brushes with vinyl/PVC bumpers
    Vinyl/PVC tool grips
    Vinyl/PVC washer bases (suction cups used in sinks)

    Stakeholders should also be aware that the agreements relating to hanger hooks covered with vinyl and vinyl coated utility hooks also call for a seventh phthalate to be reformulated - DIBP, commonly known as diisobutyl phthalate (CAS 84-69-5). DIBP is not currently on the Prop 65 list of chemicals.

    The settlement relating to gloves also allows for the use of a Prop 65 warning. Stakeholders should be aware that new and revised language for a clear and reasonable warning has been introduced and will become effective on August 30, 2018.

    California Proposition 65 is the "Safe Drinking Water and Toxic Enforcement Act of 1986', a unique consumer 'right-to-know' law which was passed by Californian residents in November 1986. The law requires the state of California to maintain a list of chemicals known to cause cancer, birth defects and other reproductive harm. Currently, the list contains around 800 substances, including 6 phthalates (BBP, DBP, DEHP, DIDP, DINP and DnHP). These plasticizers are known to the state of California to cause cancer, birth defects, other reproductive harm or a combination of these toxicities.

    Prop 65 has led to numerous lawsuits, resulting in 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 with less than 10 employees and government agencies are exempt from these two provisions, as are businesses where exposure creates no significant risk of cancer, birth defects or other reproductive harm.

    Businesses not named in specific Prop 65 settlement are not legally bound by that 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 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 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/2017/04/safeguards-05917-california-proposition-65-reformulation-of-phthalates-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 Hardlines Information and Innovation Manager
    Tel:(+852) 2774 7420
    Email: cts.media ( @ ) sgs dot com
    Website: www.sgs.com/cgnr

    About SGS
    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 90,000 employees, SGS operates a network of over 2,000 offices and laboratories around the world.

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