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SAFEGUARDS | Consumer Products NO. 162/15

Since the beginning of 2015, a number of Prop 65 settlements have been reached for a variety of consumer products containing lead, phthalates and flame retardants. These settlements include agreed concentration limits and/ or warning requirements for the products included in the settlements.

Proposition 65 (Prop 65) [1] is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a ballot initiative passed overwhelmingly by California residents in 1986. Since its enactment, there have been hundreds of lawsuits involving consumer products [2] containing lead, phthalates, flame retardants and other chemicals.

Since the beginning of 2015, a number of Prop 65 settlements have been reached for consumer products containing:

  • Di-(2-ethylhexyl) phthalate (DEHP), diisononyl phthalate (DINP),
  • Ethanolamine,
  • Lead  and
  • Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)

These settlements require the reduction of carcinogenic and reproductive chemicals by reformulation of consumer products containing such chemicals. A Prop 65 settlement is a consent agreement between the parties named in the settlement. A party not named in a settlement is not bound by that settlement. The products include pet accessories, vinyl / PVC guitar straps, vinyl / PVC pants, ball valves, punch and chisel sets, personal care products, hair accessories, glass candle holders with exterior designs, pull-apart key chains, safety armbands with vinyl / PVC components and children’s tents.

Highlights of the settlements are summarized in Table 1.

Entry

Substance

Product

Reformulation

1

DEHP

Pet accessories

≤ 0.1%

2

DEHP

Vinyl / PVC cases for pill / medication organizers

< 0.1% otherwise warning

3

DEHP

Vinyl / PVC guitar straps

≤ 1000 ppm otherwise warning

4

DEHP

Vinyl / PVC pants

< 1000 ppm otherwise warning

5

DEHP

Lead

Ball valves

< 1000 ppm DEHP and

≤ 100 ppm lead and

< 1 μg lead (NIOSH 9100) otherwise warning

6

DEHP

Lead

Punch and chisel sets

< 1000 ppm DEHP and

≤ 100 ppm lead and

< 1 μg Lead (NIOSH 9100) otherwise warning

7

Diethanolamine (DEA)

Personal care products, including hand soaps

Lauramide DEA prohibited

8

Lead

Glass candle holders with exterior designs

≤ 90 ppm lead and

≤ 1 μg lead (NIOSH 9100)

9

Lead

Hair accessories

≤ 100 ppm

10

Lead

Pull-apart key chains

≤ 300 ppm otherwise warning

11

Lead

Shower drains

Warning label

12

Phthalates

Safety armbands with Vinyl / PVC components

≤ 1000 ppm each of DEHP and DINP

13

TDCPP

Children’s tents

≤ 25 ppm otherwise warning

Throughout a global network of laboratories, SGS can offer comprehensive testing, product assessments and consultancy services related to California Proposition 65 to assist your risk management in your supply chain for consumer goods such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. For further information, please visit our website.

For enquiries, please contact:

Hing Wo Tsang
Global Toys and Juvenile Products
t: +852 2774 7420

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