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SAFEGUARDS | Consumer Products NO. 088/16

A number of Prop 65 Consent Decrees and/or Settlement Agreements involving certain phthalates have been reached for a wide variety of products. The parties in these settlements agreed to reformulate or to provide Prop 65 warnings.

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. It has been effective in reducing exposures to toxic chemicals. Of the 800 or so listed chemicals, consumer products containing phthalates [2] have been consistently targeted over the years.

The Prop 65 list [3] contains approximately 800 chemicals, including 6 phthalates. These 6 phthalates are BBP, DBP, DEHP, DIDP, DINP and DNHP. They are known to the state of California to cause cancer, birth defects, other reproductive harm or a combination of these toxicities.

In late 2015, a number of Prop 65 Consent Decrees and/or Settlement Agreements (Settlements) were concluded. These settlements resulted in the reformulation of certain phthalates in apple machines, fridge mats, jar wrenches, PVC overshoes, shoe bags and water launcher toys. Some of these Settlements allowed a Prop 65 warning as an alternative to the reformulation requirements.  

A Prop 65 settlement is a consent agreement between the parties named in the Settlement. Any party not named in a Settlement is not bound by it. Highlights of these Settlements are summarized in Table 1.

Table 1

Item Product Reformulation for phthalates
1 Apple machines < 1000 ppm each of DEHP and DINP
2 Fridge mats ≤ 1000 ppm DINP
3 Jar wrenches < 1000 ppm each of DEHP and DINP
4 PVC overshoes Prop 65 warning for products containing DEHP and DINP
5 Shoe bags ≤ 1000 ppm each of DIDP and DINP otherwise warning
6 Water launcher toys ≤ 1000 ppm each of DEHP and DINP otherwise warning

Table 2: Prop 65 phthalates

Acronym Name CAS Acronym Name CAS
BBP Butyl benzyl phthalate 85-68-7 DIDP Di-isodecyl phthalate 68515-49-1 / 26761-40-0
DBP Di-n-butyl phthalate 84-74-2 DINP Diisononyl phthalate -----
DEHP Di(2-ethylhexyl) phthalate 117-81-7 DnHP Di-n-hexyl phthalate 84-75-3

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
Hardlines
t: +852 2774 7420

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