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SAFEGUARDS | Hardgoods NO. 215/15

A number of Prop 65 settlements involving DEHP have been reached for a wide variety of products. The parties in these settlements agreed to reformulate DEHP to certain concentrations. Some of these settlements also allow the use of a Prop 65 warning.

California 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 November 1986. Since its enactment, there have been numerous lawsuits which resulted in the reduction of carcinogenic and reproductive chemicals by requiring reformulation of consumer products containing such chemicals.

Prop 65 is now more than 29 years old and has been effective in reducing exposures to toxic chemicals. Of the 850 or so listed chemicals, consumer products [2] containing phthalates, lead and flame retardants have been consistently targeted over the years.

Di-(2-ethylhexyl) phthalate (DEHP), also known as bis(2-ethylhexyl) phthalate, has been on the Prop 65 list of chemicals [3] since 1 January 1988 as a chemical known to cause cancer. Since 1 January 1989, businesses have been required to provide a clear and reasonable warning before knowingly and intentional exposing anyone to DEHP. DEHP was also listed as a chemical known to cause developmental toxicity and male reproductive toxicity in October 2003 (Table 1).

Table 1

Chemical Acronym CAS Toxicity type Date listed
Di(2-ethylhexyl) phthalate DEHP 117-81-7
  • Cancer
1 January 1988
  • ŸDevelopmental
  • Male reproductive
24 October 2003

Over the latter half of 2015, there have been a number of Prop 65 settlements requiring the reformulation of DEHP in a variety of products, including cable saws, cookware with handles, exercise sauna suits, fishing tools with vinyl / PVC grips, fitness vests with vinyl/PVC components, gloves, golf bag travel covers with vinyl / PVC handles, hand riveters, hoses, ID pouches, padlocks and photo frames with vinyl / PVC components. A Prop 65 settlement is a consent agreement between the parties named in the settlement and a party not named in a settlement is not bound by that settlement.

Highlights of these settlements for DEHP are summarized in Table 2.

Table 2

Item Product Reformulation (DEHP)
1 Cable saws/td> ≤ 1000 ppm
2 Cookware with handles ≤ 1000 ppm
3 Exercise sauna suits ≤ 1000 ppm
4 Fishing tools with vinyl/PVC grips ≤ 1000 ppm
5 Fitness vests with vinyl/PVC components ≤ 1000 ppm
6 Gloves ≤ 1000 ppm otherwise warning
7 Golf bag travel covers with vinyl/PVC handles ≤ 1000 ppm otherwise warning
8 Hand riveters ≤ 1000 ppm
9 Hoses ≤ 1000 ppm otherwise warning
10 ID Pouches ≤ 1000 ppm
11 Padlocks ≤ 1000 ppm
12 Photo frames with vinyl/PVC components < 1000 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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