California Prop 65 Settlements Reached on DEHP in Consumer Products

Several Prop 65 settlement agreements have been made involving the use of DEHP in consumer products. In some instances, a Prop 65 warning may be used as an alternative.
( | Press Release | 2017-04-16 10:43:33 )
A number of California Proposition 65 (Prop 65) settlement agreements have recently been made relating to di-(2-ethylhexyl) phthalate (DEHP), also known as bis(2-ethylhexyl) phthalate (CAS 117-81-7). These settlements require the reformulation of DEHP to a level equal or less than 0.1%. In some of the settlements, the agreements also allow for the use of a Prop 65 warning.

These settlements cover a range of consumer products, including:

1. Audio listening devices and headphone accessories (including chargers, adapters and cases that are sold either individually or as accessories to another audio listening device)
2. Car dusters and related storage bags
3. Clear PVC single product displays/packaging
4. Fuel pump nozzles with vinyl/PVC covers
5. Hearing protections
6. Photo albums
7. Racquets with vinyl/PVC cases
8. Solar showers
9. Vinyl/PVC oil suction hose

The agreements have made provision for a Prop 65 warning to be used as an alternative for items 1,2 and 5-8 on the above list. Stakeholders should be aware that new and revised language for a clear and reasonable warning has been introduced and will become effective on August 30, 2018.

DEHP was added to the Prop 65 list of chemicals, as a chemical known to cause cancer, in January 1988. Since January 1989, enforcement actions against businesses that do not warn consumers about exposure to DEHP have led to a number of settlement agreements

California Proposition 65 is the “Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique consumer ‘right-to-know’ law which was passed by Californian residents in November 1986. The law requires the state of California to maintain a list of chemicals known to cause cancer, birth defects and other reproductive harm. Currently, the list contains around 800 substances and has consistently targeted consumer products containing flame retardants, lead and phthalates.

The “Safe Drinking Water and Toxic Enforcement Act of 1986” has led to numerous lawsuits, resulting in a reduction in exposure to toxic chemicals, by requiring reformulation and/or labeling. The law states that, unless exempted, a business must not expose individuals to the chemicals on the list without giving a Prop 65 warning. In addition, companies must also refrain from discharging listed chemicals into sources of drinking water.

Businesses with less than 10 employees and government agencies are exempt from these two provisions, as are businesses where exposure creates no significant risk of cancer, birth defects or other reproductive harm.

Businesses not named in specific Prop 65 settlement are not legally bound by that agreement. However, due to the unique nature of Prop 65, companies are advised to use settlement reformulation limits as a reference to avoid potential future litigation.

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 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 DEHP in Consumer Products SafeGuardS. (

Subscribe here,, to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Hing Wo Tsang
Global Hardlines Information and Innovation Manager
Tel:(+852) 2774 7420

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 90,000 employees, SGS operates a network of over 2,000 offices and laboratories around the world.

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Ben Christie

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