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)  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  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  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).
|Chemical||Acronym||CAS||Toxicity type||Date listed|
||1 January 1988|
||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.
|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
Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!
© SGS Group Management SA – 2015– All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.