SGS warns Californian businesses about thirteen California
Proposition 65 (Prop 65) 60-day notices of violation that have been issued
against manufacturers and suppliers of electronic device cases. The 60-day notices
of violation relate to a failure to provide a ‘clear and reasonable warning’
about possible consumer exposure to Bisphenol A (BPA).
A 60-day notice of
violation is a legal document that is served to a business that has allegedly
violated the warning requirements in Prop 65. The thirteen 60-day notice of
violation issued in October 2020 relate to a wide variety of products,
- Mobile/cell phone
- Earbud cases
- Tablet cases
- Notebook computer
- Game console cases
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. Companies have twelve months to comply with this
requirement once a substance is included in the Prop 65 List.
BPA is a chemical
known to cause female reproductive toxicity. It has been included on the Prop
65 List since May 2015 and, since May 2016, it has been the cause of multiple
settlement agreements involving a wide variety of consumer products – thermal
paper, food contact materials and articles, cell phone cases, etc. The
agreements bind only the named parties to a reformulation of no more than 3 ppm
for BPA, with a warning as an alternative.
When a business is
issued with a Prop 65 60-day notice of violation, it normally results in a
settlement negotiation between the two parties. This is not legally binding on
businesses not named in the settlement but can act as a guide to help them
avoid future legal problems.
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: 60-Day Notices for BPA in Electronic Device Cases SafeGuardS.
Subscribe here to receive SGS
SafeGuardS direct to your inbox.
For further information contact:
Global Information and Innovation Manager
Tel: (+852) 2774 7420
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 89,000 employees, SGS operates a network of over
2,600 offices and laboratories around the world.