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

SafeGuardS golf bag

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.

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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