SGS Summarizes California Prop 65 Agreements Over Phthalates in Consumer Products

publishes a summary of recent settlement agreements made in relation to phthalates
under California Proposition 65 (Prop 65). While settlement agreements are only
legally binding on the named parties, all businesses operating in California
are advised to remain cognisant of them to avoid future legal problems.

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 are required to provide ‘a clear
and reasonable warning’ (Prop 65 Warning) before knowingly and intentionally
exposing anyone to a listed substance. The Prop 65 List now contains around 900
chemicals and, once a substance is added, companies have twelve months to
comply with this requirement.

included in the list 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)

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Settlement agreements have been
reached on a wide variety of consumer products, including bota bags, faux
leather heated seat cushions, eyelash curlers with vinyl components, toddler
leashes, oxygen tank carriers, inflatable cup holders and tools with grips. In
some cases, these agreements relate to one phthalate, and in others to all six

SGS expert Dr HingWo Tsang notes that
some of these products were not in violation of all regulated phthalate
requirements but the parties had still agreed to reformulation. In most cases,
a warning is allowed as an alternative.

To see a full summary of these
settlement agreements, see SGS’s original SafeGuard 089/21.

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. After all, it’s only trusted
because it’s tested. Learn more about SGS’s
Prop 65 Services.


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 Goods

here to receive SGS SafeGuardS
direct to your inbox.

further information contact:

HingWo Tsang

Information and Innovation Manager

+852 2774 7420





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
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