Multiple Prop 65 settlement agreements have been reached for phthalate(s) in a variety of products. Many of these settlements 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. It 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 include approximately 900 chemicals.
In Prop 65, one important provision for companies doing business in California is to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. Unless exempt, businesses have 12 months to comply with this requirement once a chemical is listed.
Among the list of Prop 65 chemicals are six phthalates known to the state of California as causing cancer, birth defects, other reproductive harm or a combination of these toxicities. These six phthalates are butyl benzyl phthalate (BBP, CAS 85-68-7), di-n-butyl phthalate (DBP, CAS 84-74-2), di(2-ethylhexyl) phthalate (DEHP, CAS 117-81-7), di-isodecyl phthalate (DIDP, CAS 68515-49-1 and 26761-40-0), diisononyl phthalate (DINP) and di-n-hexyl phthalate (DnHP, CAS 84-75-3).
In this communication, we summarize multiple settlements involving products containing one or more of these phthalates (Table 1). It is interesting to note that some of the products were not in violation of all regulated phthalates but the parties in these settlements agreed to reformulate their products for all six phthalates on the Prop 65 list. Many of these settlements also allow a Prop 65 warning as an alternative.
Entry | Scope | Reformulation/Warning for phthalate(s) |
| 1 | Bota bags | ≤ 1000 ppm DINP otherwise warning |
| 2 | Bug nets | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 3 | Crochet hook sets | ≤ 0.1% DEHP otherwise warning |
| 4 | Dog bumpers (retrieving dummies) | ≤ 1000 ppm each of DBP and DEHP otherwise warning |
| 5 | Eyelash curlers made with vinyl components | ≤ 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP |
| 6 | Faux leather heated seat cushions | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 7 | Fishing huts (pop up ice fishing shelters/tents) | ≤ 0.1% DEHP otherwise warning |
| 8 | Fuel pumps | ≤ 1000 ppm DBP otherwise warning |
| 9 | Head covers for tongue jacks | ≤ 1000 ppm DEHP otherwise warning |
| 10 | Inflatable cup holders | ≤ 1000 ppm DEHP otherwise warning |
| 11 | Insulated wine handbags/purses | ≤ 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 12 | Lunch bags with PVC handles | < 0.1% DINP otherwise warning |
| 13 | Makeup sponges | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP |
| 14 | Oxygen tank carriers | ≤ 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 15 | Powder tricklers (electrical vibratory tricklers) | ≤ 0.1% DINP otherwise warning |
| 16 | Rain collars | ≤ 1000 ppm DINP otherwise warning |
| 17 | Sandals/flats | ≤ 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 18 | Screwdriver bit sets | ≤ 1000 ppm DBP otherwise warning |
| 19 | Squeegees | ≤ 1000 ppm each of DBP, DEHP and DINP otherwise warning |
| 20 | Tie down straps | ≤ 0.1% DEHP otherwise warning |
| 21 | Toddler leashes | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 22 | Tools with grips | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 23 | Vinyl aprons | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 24 | Vinyl fabrics | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 25 | Vinyl organizers | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 26 | Vinyl rolling mats | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 27 | Wraps with vinyl components | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 28 | Wrist coaches with vinyl components | < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP otherwise warning |
| 29 | Zipper replacement bags | < 1000 ppm each of DBP and DEHP |
Table 1
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