( PR4US.com | Press Release | 2018-08-10 13:29:26 )
In recent months a large number of California Proposition 65 settlement agreements have been reached on a wide range of consumer products. These include settlements relating to the use of phthalates – 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), bisphenol A (BPA) – lead, soot and wood dust.
Stakeholders should be aware that, while a settlement agreement is not legally binding on businesses operating in California that are not named in the agreement, it is advisable to follow the reformulation limits to avoid future litigation.
The range of products for which settlement agreements have been reached is very wide, as are the reformulation agreements. It can, therefore, be difficult and confusing to stay up-to-date without reference to an information source like SGS’s SafeGuardS.
For example, recent DEHP settlement agreement reformulations have covered the following consumer products:
• Book bags
• Chairs with vinyl/PVC upholstery
• Costume accessories
• Earbuds with vinyl/PVC components
• Exhibitor harnesses with vinyl/PVC components
• Game cases
• Golf accessory bags with vinyl/PVC components
• ID/Passport holders
• Lanterns, flashlights and headlamps, with handles and/or other components
• Lunchbox bags
• Padded chest straps
• Pet waste bag holders that are designed to resemble a purse, clutch, pouch or handbag
• Pet waste tools with vinyl/PVC grips
• Pipe wrap tapes
• Plastic aquarium accessories
• Plastic handle clamps
• Plastic handled pet stake products
• Power strip or surge protector products
• Razor blade scrapers
• Tire pressure gauges with tubing
• Vinyl/PVC balloons, ball valve grips, cables, car shades, cords, footwear, hoses, jewelry boxes, knee pads, poster carriers, speaker cords, wires (including, but not limited to wiring harness with car adapter and battery clips), wallets
To learn more about these reformulation agreements and whether a Prop 65 Warning is accepted as an alternative, read Safeguard 116/18.
The same diversity of products is also seen in recent settlement agreements relating to lead, Safeguard 114/18, and other phthalates, Safeguards 113/18 and 117/18. This last Safeguard includes, in addition to a further settlement involving DEHP and one for BPA, agreements relating to the use of a Prop 65 Warning for charcoal grills, hibachis and firewood. The agreement relates to their ability to create carbon monoxide, and soot and wood dust in the case of firewood.
Prop 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique consumer-led initiative that requires the state to maintain a list of chemicals known to cause cancer, birth defects or reproductive harm. Since it was first published in 1987, the list has evolved and now contains more than 860 chemicals.
Once a chemical is listed, companies are required to provide a ‘clear and reasonable’ warning, Prop 65 Warning, before knowingly and intentionally exposing anyone to the substance, and cease discharging it into sources of drinking water. Stakeholders should be aware that the requirements concerning the form of the Prop 65 Warning will change on August 30, 2018.
Exemptions to the requirements of Prop 65 include businesses with less than ten employees, government agencies, and businesses where exposure creates no significant risk of cancer, birth defects or other reproductive harm.
The complexity and the number of different settlements that are reached is a stark reminder to stakeholders that they must remain aware of the reformulation agreements reached in different settlements. This will help them avoid future problems with 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 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. [www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/california-proposition-65]
SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry.
To read Safeguard 113/18: [www.sgs.com/en/news/2018/08/safeguards-11318-california-proposition-65-reformulation-of-phthalates-in-consumer-products]
To read Safeguard 114/18: [www.sgs.com/en/news/2018/08/safeguards-11418-california-proposition-65-reformulation-of-lead-in-consumer-products]
To read Safeguard 116/18: [www.sgs.com/en/news/2018/08/safeguards-11618-california-proposition-65-reformulation-of-dehp-in-consumer-products]
To read Safeguard 117/18: [www.sgs.com/en/news/2018/08/safeguards-11718-california-proposition-65-reformulation-of-chemicals-in-consumer-products]
Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.
For further information contact:
Hing Wo Tsang Ph.D
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 95,000 employees, SGS operates a network of over 2,400 offices and laboratories around the world.