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SAFEGUARDS | Consumer Products NO. 119/16

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A number of Prop 65 Consent Decrees and/or Settlement Agreements involving DINP have been reached for a variety of products. Some of these Settlements allowed a Prop 65 warning as an alternative.

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 reformulation of consumer products containing such chemicals.

The Prop 65 list of chemicals contains a large number of chemicals that are known to the State of California to cause cancer, birth defects or reproductive harm. Of these 800 or so chemicals, consumer products containing phthalates [2] have been consistently targeted over the years.

On December 12, 2013, diisononyl phthalate (DINP) [3] was added to the Prop 65 list of chemicals as a chemical known to the State of California to cause cancer. This amendment took effect on December 20, 2013.

Since December 20, 2014:

  • Businesses have been required to provide a ‘clear and reasonable warning’ before knowingly and intentionally exposing anyone to DINP

  • California Attorney-generals, non-governmental organizations, and individuals acting in the public interest have been allowed to begin enforcement actions [4] against businesses that fail to warn consumers about exposure to DINP

In December 2015 and March 2016, a number of Prop 65 Consent Decrees and/or Settlement Agreements (Settlements) for DINP were concluded. Under the terms of the agreements, the parties agreed to reformulate DINP to less than 0.1% in aprons, back covers for chairs, shampoo capes for kids, and no more than 0.1% for couplings for transition pipe connections and spray head pull-up tools. Some of these Settlements also allowed a Prop 65 warning as an alternative.

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 DINP / Warning
1 Aprons < 0.1% otherwise warning
2 Back covers for chairs < 0.1% otherwise warning
3 Couplings for transition pipe connections ≤ 1000 ppm
4 Shampoo capes for kids < 0.1% otherwise warning
5 Spray head pull-up tools ≤ 0.1%

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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