California has added perfluorononanoic acid (PFNA) and its salts onto the Proposition 65 list of chemicals. Businesses have until December 31, 2022 to comply with ‘clear and reasonable’ warning requirements.

SAFEGUARDS | Consumer ProductsNO. 005/22

 SG 00422 Chemicals

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 more than 900 chemicals.

Prop 65 places two important requirements on companies doing business in California. These are to:

  • Provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical – becomes effective 12 months after a chemical has been listed
  • Prohibit the knowing discharge a listed chemical into sources of drinking water – becomes effective 20 months after a chemical has been listed

Businesses with less than 10 employees and government agencies are exempt from the aforementioned provisions. Businesses are also exempt from these provisions if the exposures create no significant risk of cancer, birth defects or other reproductive harm.

On December 29, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) announced the addition of perfluorononanoic acid (PFNA) and its salts to the list of chemicals known to the state to cause reproductive toxicity for the purpose of Prop 65. This listing became effective on December 31, 2021.

Highlights of the addition of PFNA and its salts to Prop 65 are summarized in Table 1.

Substance

Toxicity

Date of listing

Effective date 

  Clear and reasonable warning
Prohibition from discharging into sources of drinking water 
PFNA and its salts Male reproductive toxicity
December 31, 2021 December 31, 2022
September 1, 2023

Table 1

It is also important to note that OEHHA has added perfluorooctane sulfonic acid (PFOS) and its salts and transformation and degradation precursors to the list of chemicals known to cause cancer under Prop 65 since December 24, 2021. PFOS has also been listed as a chemical known to the state to cause reproductive toxicity since November 2017 (SafeGuardS 175/17).

Throughout a global network of laboratories, SGS offers comprehensive testing, product assessment and consultancy services related to California Proposition 65 to help you manage risk in your supply chain for consumer goods such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website

For inquiries, please contact:

Dr. Hingwo Tsang
Global Information and Innovation Manager - Hardlines
t: (+852) 2774 7420

Louann Spirito
Consumer and Retail — Softlines
US & Canada Softlines Business Head
t: +1 973 461 7919

Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!

Read more articles for the Consumer Goods and Retail industry

© SGS Group Management SA - 2022 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.