SAFEGUARDS | Consumer Products NO. 187/17
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. It requires the state to publish a list of chemicals  that are known to cause cancer, birth defects or reproductive harm. The list was first published in 1987 and it is updated at least once a year.
Prop 65 places two important provisions  for companies doing business in California. These are:
- Providing a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. Once a chemical is listed, businesses have 12 months to comply with this requirement. The new and revised language for a clear and reasonable warning  will become effective on August 30, 2018
- Prohibiting from knowingly discharging a listed chemical into sources of drinking water. Once a chemical is listed, businesses have 20 months to comply with this requirement
Businesses with less than 10 employees and government agencies are exempt from these two provisions. Businesses are also exempt from these provisions if the exposures create no significant risk of cancer, birth defects or other reproductive harm.
Di-(2-ethylhexyl) phthalate (DEHP), also known as bis(2-ethylhexyl) phthalate (CAS 117-81-7), has been on the Prop 65 list of chemicals since January 1, 1988 as a chemical known to cause cancer. Since January 1989, enforcement actions against businesses that fail to warn consumers about exposure to DEHP have resulted in a number of settlement agreements .
Since late 2016, there have been a number of Prop 65 settlement agreements requiring the reformulation of DEHP and/or providing a Prop 65 warning label in a wide variety of products.
Highlights of these settlement agreements are summarized in Table 1.
|Entry||Scope||Reformulation for DEHP/Warning|
|1||Backpacks with vinyl/PVC handles and/or other components||≤ 1000 ppm|
|2||Badge/ID holders||< 0.1%|
|3||Drawer liners||≤ 1000 ppm otherwise warning|
|4||Faux leather kid’s vests||≤ 1000 ppm otherwise warning|
|5||Fender covers||≤ 1000 ppm otherwise warning|
|6||Hat luggage cases with vinyl/PVC shoulder straps||≤ 1000 ppm otherwise warning|
|7||Hats||≤ 1000 ppm otherwise warning|
|8||Inflatable vinyl cushion||≤ 0.1%|
|9||Multimeters with vinyl/PVC components||≤ 1000 ppm|
|10||Neck rest||≤ 1000 ppm otherwise warning|
|11||Personal coolers with vinyl/PVC hose||< 0.1% otherwise warning|
|12||Shower and storage caddies||≤ 1000 ppm otherwise warning|
|13||Solar panel wires||≤ 1000 ppm|
|14||Vinyl/PVC earphone cords||< 0.1%|
|15||Vinyl/PVC hose (beer bottle fillers)||≤ 0.1%|
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.
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:
Global Information and Innovation Manager
t: +852 2774 7420
Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!
Read more articles for the Consumer Goods and Retail industry© SGS Group Management SA - 2017 - 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.