A number of Prop 65 settlement agreements and judgments have been reached for DEHP in a variety of products. Many of these allow a Prop 65 warning as an alternative.
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.
Di(2-ethylhexyl) phthalate (DEHP) has been listed as a chemical known to cause cancer since January 1988, and as a chemical known to cause developmental and male reproductive toxicities 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.
A number of Prop 65 settlement agreements and judgments have been reached for a wide variety of DEHP-containing products. These include:
- Apparel
- DIY, tools and hardware products
- Electrical and electronic equipment and accessories
- Food contact materials and articles
- Houseware products
- Personal care products
- Pet products and accessories
- Sport and leisure products
Highlights of these settlements and judgments are summarized in Table 1. The reformulation for many of these products is mainly no more than 0.1% (1,000 ppm) DEHP, with a warning as an alternative. It is interesting to note that the parties in entry 9 agreed to a warning for gel masks and wraps.
| Entry | Scope | Reformulation/Warning for DEHP |
|---|---|---|
| 1 | Amplifiers | < 0.1% otherwise warning |
| 2 | Armbands, holders and cases for electronic devices | ≤ 1000 ppm otherwise warning |
| 3 | Back scrubbers | ≤ 1000 ppm otherwise warning |
| 4 | Body massagers with polymer cords | < 0.1% otherwise warning |
| 5 | Cooling vests and accessory and component parts | ≤ 0.1% otherwise warning |
| 6 | Cordless shaver products | ≤ 1000 ppm otherwise warning |
| 7 | Fluid siphon pump hose | ≤ 0.1% otherwise warning |
| 8 | Fly swatters | ≤ 0.1% otherwise warning |
| 9 | Gel masks and wraps | Warning |
| 10 | Hair trappers | ≤ 0.1% otherwise warning |
| 11 | Jewelry repair products and kits | ≤ 1000 ppm otherwise warning |
| 12 | Line holders | ≤ 0.1% otherwise warning |
| 13 | Magnetic tool pouches | ≤ 0.1% otherwise warning |
| 14 | Massage gloves | ≤ 0.1% otherwise warning |
| 15 | Mirrors with suction cups | ≤ 0.1% |
| 16 | Music device holders | ≤ 1000 ppm otherwise warning |
| 17 | Musical instruments with vinyl or other plastic handles or handgrips | ≤ 1000 ppm otherwise warning |
| 18 | Personal electronic device accessories, bike mounts and/or holders with waterproof windows/pouches | ≤ 1000 ppm otherwise warning |
| 19 | Pill cases | ≤ 0.1% otherwise warning |
| 20 | Plastic hair roller set products | ≤ 1000 ppm otherwise warning |
| 21 | Plastic workout gear products:
| ≤ 1000 ppm otherwise warning |
| 22 | Puppy starter kits | ≤ 0.1% otherwise warning |
| 23 | PVC carry cases for dog waste refill bags | ≤ 0.1% otherwise warning |
| 24 | Reflective cycle/helmet stick-ons and snap bands | ≤ 0.1% otherwise warning |
| 25 | Smartphone waist belts | ≤ 0.1% otherwise warning |
| 26 | Sole scrubber | ≤ 1000 ppm otherwise warning |
| 27 | Sport/safety glasses (nose pads) | ≤ 0.1% otherwise warning |
| 28 | Storage bins with vinyl/PVC handles | ≤ 1000 ppm otherwise warning |
| 29 | Survival bags | ≤ 1000 ppm otherwise warning |
| 30 | Travel bottle sets | ≤ 0.1% otherwise warning |
| 31 | Travel cases/bags/containers, including packaging | ≤ 1000 ppm otherwise warning |
| 32 | Vinyl laptop skins | ≤ 0.1% otherwise warning |
| 33 | Vinyl/PVC golf bag rain hoods | < 0.1% otherwise warning |
| 34 | Vinyl/PVC quivers | ≤ 1000 ppm otherwise warning |
| 35 | Vinyl shampoo capes | ≤ 0.1% |
| 36 | Wine carriers with vinyl/PVC components | ≤ 0.1% otherwise warning |
| 37 | Wireless earphone charging cables | ≤ 0.1% otherwise warning |
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