California Proposition 65 Reformulation of DEHP in Consumer Products
A number of Prop 65 settlements involving DEHP have been reached for a wide variety of products. The parties in many of these settlements agreed to reformulate DEHP to less than or equal to 0.1%. Many of the settlements also allow the use of a Prop 65 warning as an alternative.
SAFEGUARDS | Consumer Products NO. 116/18
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 has evolved to more than 860 chemicals.
Di-(2-ethylhexyl) phthalate (DEHP, CAS 117-81-7 [3]) has been listed as a chemical known to cause cancer since January 1988, and reproductive toxicity since October 2003. Unless specifically exempted, companies doing business in California have been required to provide ‘a clear and reasonable warning’ before knowingly and intentionally exposing anyone to DEHP since January 1989.
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.
A number of Prop 65 settlements requiring the reformulation of DEHP in a wide variety of products have been reached. Highlights of these are summarized in Table 1.
| Entry | Scope | Reformulation/Warning for DEHP |
| 1 | Book bags | ≤ 1000 ppm otherwise warning |
| 2 | Chairs with vinyl/PVC upholstery | < 0.1% in textiles or fabrics |
| 3 | Costume accessories | ≤ 1000 ppm otherwise warning |
| 4 | Earbuds with vinyl/PVC components | < 0.1% |
| 5 | Exhibitor harnesses with vinyl/PVC components | < 0.1% |
| 6 | Game cases | ≤ 1000 ppm otherwise warning |
| 7 | Golf accessory bags with vinyl/PVC components | ≤ 1000 ppm |
| 8 | ID/Passport holders | ≤ 0.1% otherwise warning |
| 9 | Lanterns, flashlights and headlamps, with handles and/or other components | ≤ 0.1% otherwise warning |
| 10 | Lunchbox bags | ≤ 1000 ppm otherwise warning |
| 11 | Padded chest straps | ≤ 1000 ppm otherwise warning |
| 12 | Pet waste bag holders that are designed to resemble a purse, clutch, pouch or handbag | ≤ 1000 ppm otherwise warning |
| 13 | Pet waste tools with vinyl/PVC grips | < 0.1% otherwise warning |
| 14 | Pipe wrap tapes | ≤ 1000 ppm otherwise warning |
| 15 | Plastic aquarium accessories | ≤ 1000 ppm otherwise warning |
| 16 | Plastic handle clamps | ≤ 1000 ppm otherwise warning |
| 17 | Plastic handled pet stake products | ≤ 1000 ppm otherwise warning |
| 18 | Power strip or surge protector products | ≤ 0.1% otherwise warning |
| 19 | Razor blade scrapers | ≤ 1000 ppm otherwise warning |
| 20 | Tire pressure gauges with tubing | ≤ 1000 ppm otherwise warning |
| 21 | Vinyl/PVC balloons | < 0.1% otherwise warning |
| 22 | Vinyl/PVC ball valve grips | ≤ 1000 ppm otherwise warning |
| 23 | Vinyl/PVC cables | < 0.1% |
| 24 | Vinyl/PVC car shades | < 0.1% |
| 25 | Vinyl/PVC cords | < 0.1% otherwise warning |
| 26 | Vinyl/PVC footwear | < 0.1% otherwise warning |
| 27 | Vinyl/PVC hose | < 0.1% otherwise warning |
| 28 | Vinyl/PVC jewelry boxes | < 0.1% |
| 29 | Vinyl/PVC knee pads | < 0.1% otherwise warning |
| 30 | Vinyl/PVC poster carriers | < 0.1% otherwise warning |
| 31 | Vinyl/PVC speaker cords | < 1000 ppm otherwise warning |
| 32 | Vinyl/PVC wires, including, but not limited to wiring harness with car adapter and battery clips | ≤ 1000 ppm otherwise warning |
| 33 | Vinyl/PVC wallets | < 0.1% |
| 34 | Wrenches | < 1000 ppm otherwise warning |
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.
Next step:
Due to the unique nature of Prop 65, companies wishing to avoid litigation are advised to use the reformulated concentration limits as a reference.
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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