SGS Summarizes Some California Prop 65 Settlement Agreements for Consumer Goods

publishes a summary of some recent settlement agreements concerning consumer
products in relation to California Proposition 65. While only parties named
in the agreement are legally bound by its contents, other stakeholders are
advised to remain informed in order to avoid potential future legal issues.

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, which now contains around 900 chemicals. Unless
exempted, companies have twelve months to comply with this requirement once a
substance is included in the Prop 65 List.

Chemicals on the
list include bisphenol A (BPA) (listed in 2015), formaldehyde (1988), and lead
(1987). In recent months there have been several settlement agreements
involving a variety of consumer products and these chemicals, resulting in the
following reformulations:

  • Bamboo bed sheet
    sets and bamboo pillowcase sets: no more than 40 μg formaldehyde gas per 8
    hours of expected use
  • Drain plugs:
    less than 1000 ppm lead
  • Duck calls: BPA-free
  • Food
    containers/storage: BPA-free
  • Garments: no
    more than 75 ppm formaldehyde (ISO 14184-1) – garments must comply with the
    Oeko-tex 100 standard in effect at the time of manufacturing
  • Padlock keys:
    less than 1000 ppm lead

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With the
exemption of garments, a warning can be used as an alternative.

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
Proposition 65: Reformulation of Chemicals 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
employees operate a network of 2,600 offices and laboratories, working together
to enable a better, safer and more interconnected world.

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