California Proposition 65: Reformulation of Chemicals in Consumer Products
Several Prop 65 settlement agreements and judgments have been reached for a variety of products. Some of these allow a Prop 65 warning as an alternative.
SAFEGUARDS | Consumer Products NO. 068/19
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. This unique right-to-know law requires the state to publish a list of chemicals that are known to cause cancer, birth defects and/or reproductive harm. First published in 1987, the list has evolved to approximately 900 chemicals.
Unless specifically exempted, companies doing business in California are required to provide ‘a clear and reasonable warning’ before knowingly and intentionally exposing anyone to a listed chemical. Once a chemical is listed, companies have 12 months to comply with this provision.
Several Prop 65 settlement agreements and judgments involving bisphenol A (BPA, listed in 2015), di-n-butyl phthalate (DBP, 2005), diethanolamine (2012), carbon monoxide (1989) and soot (1987) have been reached for certain products. Highlights of these are summarized in Table 1. It is interesting to note that the parties in entries 11 and 12 agreed to a warning for carbon monoxide and soot, both of which are byproducts from chemical processes.
|Entry||Scope||Reformulation/Warning for chemical|
|1||Chillers/cold paddles||BPA not detected otherwise warning|
|2||Polycarbonate baking mold/cutter sets||BPA-free otherwise warning|
|3||Polycarbonate drinkware||BPA-free otherwise warning|
|4||Polycarbonate goblets and salad servers||BPA-free otherwise warning|
|5||Polycarbonate pitchers||BPA-free otherwise warning|
|6||Polycarbonate spoons||BPA-free otherwise warning|
|7||Bicycle starter packs||≤ 1000 ppm DBP otherwise warning|
|8||Polymer exercise balls (flexible, partly compressible, polymer, gym fitness balls)||< 0.1% DBP|
|9||Rollerball body massagers||≤ 0.1% DBP otherwise warning|
|10||Hand wash products||Shall not contain diethanolamine|
|11||Citronella oil products||Warning for exposure to carbon monoxide and soot|
|12||Fire starter items||Warning for exposure to carbon monoxide and soot|
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.
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