California Proposition 65 Settlements Concluded on Use of DEHP

Top Quote 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. End Quote
  • (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 (

    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. (

    Subscribe here,, 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: ( @ ) sgs dot com

    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 85,000 employees, SGS operates a network of over 1,800 offices and laboratories around the world.

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