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SAFEGUARDS | Hardgoods NO. 111/17

SafeGuardS Researcher working with chemicals

A number of Prop 65 settlement agreements involving DINP have been reached for a variety of products. Some of these allow a Prop 65 warning label 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. It requires the state to publish a list of chemicals [2] that are known to cause cancer, birth defects or reproductive harm. The list was first published in 1987 and is updated at least once a year.

Diisononyl phthalate (DINP) has been classified as a chemical known to cause cancer since December 2013 [3].

Companies doing business in California have been required to provide ‘a clear and reasonable warning’ before knowingly and intentionally exposing anyone to DINP since December 2014. From August 30, 2018, businesses are required to comply with new and revised language for a clear and reasonable warning [4] for the purpose of Prop 65.

Businesses with less than 10 employees and government agencies are exempt from this provision. Businesses are also exempt from this provision if the exposures create no significant risk of cancer or other reproductive harm.

Since Q4 of 2016, there have been a number of Prop 65 settlements requiring the reformulation of DINP and/or providing a Prop 65 warning label in a wide variety of products.

Highlights of these settlement agreements are summarized in Table 1. 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.

Entry Scope Reformulation for DINP/Warning
1 Grounding pigtails ≤ 1000 ppm otherwise warning
2 ID tags and accompanied lanyards ≤ 1000 ppm otherwise warning
3 Padlocks ≤ 1000 ppm otherwise warning
4 Polymer liners ≤ 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:

Hingwo Tsang
Global Information and Innovation Manager
t: +852 2774 7420

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