Several Prop 65 Agreements Covering Phthalates Reached in California

Several more California Proposition 65 (Prop
65) settlements and judgements have been reached in relation to the use of six
phthalates in consumer products. The six phthalates are:

  • Butyl benzyl
    phthalate (BBP)
  • Di-n-butyl phthalate (DBP)
  • Di(2-ethylhexyl) phthalate (DEHP)
  • Di-isodecyl phthalate (DIDP)
  • Diisononyl phthalate (DINP)
  • Di-n-hexyl phthalate (DnHP)

These six phthalates are among approximately
900 chemicals known to cause cancer, birth defects, other reproductive harm or
a combination of these toxicities. They are all included in the Prop 65 List.

California Proposition 65 (Prop 65), or the
‘Safe Drinking Water and Toxic Enforcement Act of 1986’, is a unique piece of
legislation passed in November 1986. It requires the state to maintain a list
of chemicals (Prop 65 List) known to cause cancer, birth defects and/or
reproductive harm. Unless exempted, businesses operating in California must
provide ‘a clear and reasonable warning’ (Prop 65 Warning) before knowingly and
intentionally exposing anyone to a substance on the Prop 65 List. Companies
have twelve months to comply with this requirement once a substance is included
in the Prop 65 List.

The latest settlements/judgements cover a
wide variety of consumer products including bath stools, book bags, gel ink
pens, vinyl ottomans, selfie lights, sewing kits, tank bags, textile bedding
products, travel bags and wallets. To see a full list of the requirements
included in these settlements, view our original
SafeGuard 035/20. This includes information on what products are involved,
what the reformulation is, and whether a Prop 65 Warning can be used. For
example, the requirement for bicycle accessories with weatherproof components
≤ 1000 ppm each of BBP, DBP, DEHP, DIDP, DINP
and DnHP for accessible vinyl/PVC components, otherwise warning.

Stakeholders should note three things.

Firstly, Prop 65 settlements are consent
agreements between the parties named in the settlement. Parties not named in a
settlement are not bound by it, but it is advisable for all businesses
operating in California to stay aware of them to help avoid potential future

Secondly, it is interesting to note that many
of these products were not in violation of all regulated phthalates under Prop 65,
but the parties agreed to a reformulation for all six phthalates.

Finally, the reformulation in relation to toy
blaster sets (≤ 1000 ppm each of DEHP and DINP) does allow the use of a Prop 65
Warning. It should be remembered, however, that all toys and childcare items
must remain compliant to the requirements in the Consumer Product Safety
Improvement Act of 2008 (CPSIA), which covers eight phthalates, including DEHP
and DINP.

Phthalates are a family of synthetic
chemicals with diverse applications. They are used in many consumer products,
often as a plasticizer in polymeric and rubber materials. They are also used as
dispersion agents, enteric coatings, emulsifying agents, gelling agents,
solubilizers (solvents), stabilizers or viscosity control agents.

SGS Prop 65 Services

With a global network of
laboratories, SGS can offer comprehensive testing, product assessment and
consultancy services related to California Proposition 65. SGS can assist your
risk management strategy in consumer goods, such as DIYs, electrical and
electronics, hardgoods products, juvenile products, and textile & toy
products. Learn more about SGS’s
Prop 65 Services.

SGS SafeGuardS keep you up to date with the
latest news and developments in the consumer goods industry. Read the full
California Proposition 65 Reformulation
of Phthalates in Consumer Products

Subscribe here to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Hingwo Tsang

Global Information and Innovation Manager

Tel:(+852) 2774 7420



LinkedIn: sgs-consumer-goods-&-retail

About SGS

SGS is the world’s leading inspection,
verification, testing and certification company. SGS is recognized as the
global benchmark for quality and integrity. With more than 94,000 employees,
SGS operates a network of over 2,600 offices and laboratories around the world.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top