California Proposition 65 Reformulation of Phthalates in Consumer Products
A number of Prop 65 settlement agreements involving phthalates have been reached for a variety of products. One settlement also includes the reformulation of an unregulated phthalate.
SAFEGUARDS | Consumer Products NO. 113/18
California Proposition 65 (Prop 65 ) is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a ballot initiative passed overwhelmingly by Californian residents in November 1986. It requires the state to publish a list of chemicals  that are known to cause cancer, birth defects and/or reproductive harm. The list was first published in 1987 and has evolved to more than 860 chemicals.
Among the listed substances are six phthalates (BBP , DBP , DEHP , DIDP  DINP  and DnHP ) known to the state of California to cause cancer, birth defects, other reproductive harm or a combination of these toxicities.
A number of Prop 65 settlements have been reached for phthalates in a wide variety of products. Many of these settlements also allow a Prop 65 warning as an alternative.
Highlights of these settlement agreements are summarized in Table 1. It is interesting to note that the parties in entry 15 agreed to reformulate DNOP, a phthalate that is currently not in the Prop 65 list of chemicals. This settlement agreement did not provide the chemical name or CAS number for DNOP.
DNOP is commonly known as di-n-octyl phthalate (CAS 117-84-0), a substance that was regulated in toys and childcare articles  by the Consumer Product Safety Improvement Act of 2008 (CPSIA) prior to the Final Rule on Phthalates dated October 2017 (82 FR 49938 ). This substance is regulated in certain consumer products by some jurisdictions in the US, including California , Oregon, Vermont and Washington (Safeguard 4/17 and references therein ).
|Entry||Scope||Reformulation/Warning for Phthalates|
|1||Children's cosmetic sets||≤ 0.1% each of DEHP and DINP|
|2||Electronic cables||≤ 0.1% each of DEHP and DINP otherwise warning|
|3||Extension cords||≤ 0.1% each of DEHP, DIDP and DINP otherwise warning|
|4||Flexible vinyl hose||≤ 1000 ppm each of DEHP, DIDP and DINP otherwise warning|
|5||Flexible vinyl vent hose||≤ 1000 ppm each of DEHP, DIDP and DINP otherwise warning|
|6||Foam hair roller cases||≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP and otherwise warning|
|7||Footwear with vinyl/PVC straps||≤ 1000 ppm each of BBP, DBP, DEHP and DINP|
|8||Headphone products||≤ 1000 ppm DEHP and DINP otherwise warning|
|9||Needle nose pliers||≤ 1000 ppm each of DBP, DEHP and DINP otherwise warning|
|10||Plastic bike locks||≤ 1000 ppm each of DBP, DEHP and DINP otherwise warning|
|11||Plastic hair brushes||≤ 1000 ppm each of DBP, DEHP and DINP otherwise warning|
|12||Plastic purse products||≤ 1000 ppm each of DIDP and DINP otherwise warning|
|13||Plastic work lights||≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP and otherwise warning|
|14||Plastic zipper cases||≤ 1000 ppm each of DBP, DEHP and DINP otherwise warning|
|15||PVC/vinyl-coated clothing hangers, hooks and closet rods||≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP, DnHP and DNOP|
|16||Tablet computer stands||≤ 1000 ppm each of DBP, DEHP and DINP otherwise warning|
|17||USB cables||≤ 0.1% each of DEHP, DIDP and DINP otherwise warning|
|18||Vinyl/PVC packaging and storage cases for costumes and costume accessories||≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP and otherwise 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.
|BBP||Butyl benzyl phthalate||85-68-7||DIDP||Di-isodecyl phthalate||68515-49-1 / 26761-40-0|
|DBP||Di-n-butyl phthalate||84-74-2||DINP||Diisononyl phthalate||-----|
|DEHP||Di(2-ethylhexyl) phthalate||117-81-7||DnHP||Di-n-hexyl phthalate||84-75-3|
Table 2. Definitions for Prop 65 phthalates
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.
Due to the unique nature of Prop 65, companies wishing to avoid litigation are advised to use the reformulated concentration limits as a reference.
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