SGS Overview of California Prop 65 Settlement Agreements for Consumer Goods

Businesses operating in California are advised that multiple Proposition 65 (Prop 65) settlement agreements have been reached for a variety of consumer products.

Passed in November 1986, Prop 65, or the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, is a unique piece of legislation that 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. Once a substance is included in the list, companies have twelve months to comply with this requirement.

The Prop 65 List now contains around 900 substances, including:

  1. Chromium (VI) compounds – cancer and reproductive toxicity
  2. Bisphenol A (BPA) – reproductive toxicity
  3. N-nitrosodiethylamine (NDEA) – cancer
  4. Perfluorooctanoic acid (PFOA) – reproductive toxicity

Settlement agreements have been reached for:

  1. Airpod cases: BPA – no more than 3 ppm
  2. Gun slings: chromium (VI) – warning
  3. Laboratory set glasses/goggles: BPA – free
  4. Latex resistance bands: BDEA – no more than 10 ppb
  5. Leather hand grips: chromium (VI) – warning
  6. Makeup foundations:
  7. PFOA – no more than 0.1 mg/kg for products in solid form
  8. PFOA – no more than 0.1 mg/L for products in liquid form

Stakeholders should be aware that the settlement agreement for makeup foundations also includes the clause that products are required not to contain any ingredient that is known to degrade to detectable PFOA, including but not limited to C9-15 fluoroalcohol phosphate.

All of these agreements allow a Prop 65 Warning as an alternative.

Settlement agreements are only legally binding on named parties, but they do provide an indication of how manufacturers and suppliers should progress when operating in California.

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. In the end, it’s only trusted because it’s tested. 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 Chemicals in Consumer Goods SafeGuardS.

Subscribe here to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Hing Wo Tsang

Global Information and Innovation Manager

Tel:(+852) 2774 7420



LinkedIn: sgs-consumer-goods-&-retail

About SGS

We are SGS – the world’s leading testing, inspection and certification company. We are recognized as the global benchmark for quality and integrity. Our 93,000 employees operate a network of 2,600 offices and laboratories, working together to enable a better, safer and more interconnected world.

Leave a Comment

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

Scroll to Top