California Proposition 65 Reformulation of Phthalates in Consumer Products

SAFEGUARDS | Consumer Products NO. 133/15

Since late 2014, a number of Proposition 65 lawsuit settlements have been reached for the reformulation of phthalates in various consumer products.

Proposition 65 (Prop 65) [1] is now over 28 years old and has been effective in reducing exposures to toxic chemicals. Even though the Prop 65 list [2] contains approximately 850 chemicals, consumer products [3] containing lead, phthalates and flame retardants have been consistently targeted over the years.  Consumer products [4] containing cadmium have also been increasingly targeted.

Since late 2014, there have been a number of Prop 65 lawsuit settlements resulting in the reformulation of phthalates in a variety of products, including chairs with vinyl / PVC upholstery, folding table tops, LED task lights, laundry accessories, musical instrument cases, ornamental and decorative products, sporting equipment, sporting goods game cases or sets, stationary items, stitchbow rolls and storage baskets. 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 consent agreements are summarized in Table 1. It is interesting to note that the parties in Entry 14 agreed to reformulate the DEHP-containing sporting goods game cases with vinyl / PVC components to less than 0.1% for each of the Prop 65 phthalates, including DINP.  This reformulation agreement was also extended to balls and associated equipment. 

table 1

Proposition 65 (Prop 65) 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 numerous lawsuits which resulted in the reduction of carcinogenic and reproductive chemicals by reformulations of consumer products containing such chemicals.

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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