SAFEGUARDS | Hardlines NO. 008/16

SafeGuardS looking at photo album

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 reformulations 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 lead, phthalates and flame retardants have been consistently targeted over the years.

Di-(2-ethylhexyl) phthalate (DEHP) has been on the Prop 65 list of chemicals [3] since January 1988 as a chemical known to cause cancer. It was also listed as a chemical known to cause developmental and male reproductive toxicity in October 2003.

In 2015, we informed you that there were a number of Prop 65 settlements for phthalates [4], including DEHP [5]. Since the second quarter of 2015, there have been a number of Prop 65 settlements requiring the reformulation of DEHP in a variety of products, including:

  • ŸRatchet tie downs, riding crops
  • ŸSporting clamps
  • ŸVinyl/PVC-containing battery clamp cables, eye masks, hardware cloths, light covers, photo album covers, self defence device holsters and traffic or safety cones

Some of these settlements also allow the use of a Prop 65 warning.

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 1.

Table 1

Item Product Reformulation / Warning (DEHP)
1 Ratchet tie downs ≤ 1000 ppm
2 Riding crops with vinyl / PVC handles ≤ 1000 ppm otherwise warning
3 Self defence device holsters made with vinyl / PVC ≤ 1000 ppm otherwise warning
4 Sporting clamps ≤ 1000 ppm otherwise warning
5 Vinyl / PVC battery clamp cables ≤ 1000 ppm otherwise warning
6 Vinyl / PVC eye masks ≤ 1000 ppm
7 Vinyl / PVC hardware cloths ≤ 1000 ppm otherwise warning
8 Vinyl / PVC light covers ≤ 1000 ppm otherwise warning
9 Vinyl / PVC photo album covers ≤ 1000 ppm otherwise warning
10 Vinyl / PVC traffic or safety cones ≤ 1000 ppm

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 California Proposition 65 page.


For enquiries, please contact:

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

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