California Prop 65 Settlements Reached on Lead in Certain Consumer Products

Several Prop 65 settlements have been made on the use of lead in certain consumer products. A Prop 65 warning is allowed as an alternative in some of these settlements.
( | Press Release | 2017-04-16 10:44:39 )
In recent months, several California Proposition 65 (Prop 65) settlement agreements have been reached relating to the use of lead in a wide variety of consumer products. These agreements require the reformulation of lead and/or a Prop 65 warning.

First listed in February 1987, lead has been consistently targeted since it was first listed as a chemical known to cause developmental toxicity in males and females. This latest round of Prop 65 settlements has seen agreements reached on the use of lead in:

1. Ballcock assemblies, including components and replacement parts
2. Brass stops
3. Tank levers
4. Brass valves
5. Lotion dispensers
6. Padlocks
7. Quick couplers, fittings and injectors
8. Brass hardware products, including but not limited to flush bolts
9. Brass knockers
10. Brass metal profiles and related tile edging trim products
11. Coupler locks and related parts
12. Light PVC window sculptures
13. Mugs

The settlements relating to the first seven products call for a reformulation to less than or equal to 100 ppm. In all 13 cases, the agreements allow for the use of a Prop 65 warning. 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.

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.

Government agencies and businesses with fewer than 10 employees are exempt from these two provisions. In addition, businesses are also excused where exposure creates no significant risk of cancer, birth defects or other reproductive harm.

Only businesses named in a Prop 65 settlement are legally bound by that agreement but, due to the unique nature of Prop 65, companies are advised to use settlement reformulation limits as a reference, in order to avoid possible 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 Lead 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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