SGS Summarizes California Prop 65 Agreements Over Phthalates in Consumer Products

SGS expert summarizes multiple Prop 65 settlement agreements involving phthalate(s) in consumer goods.
( | Press Release | 2021-07-22 18:42:26 )
SGS publishes a summary of recent settlement agreements made in relation to phthalates under California Proposition 65 (Prop 65). While settlement agreements are only legally binding on the named parties, all businesses operating in California are advised to remain cognisant of them to avoid future legal problems.

Passed in November 1986, Prop 65, or the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, is a unique piece of legislation that 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 are required to provide ‘a clear and reasonable warning’ (Prop 65 Warning) before knowingly and intentionally exposing anyone to a listed substance. The Prop 65 List now contains around 900 chemicals and, once a substance is added, companies have twelve months to comply with this requirement.

Phthalates included in the list are:
1. Butyl benzyl phthalate (BBP)
2. Di-n-butyl phthalate (DBP)
3. Di(2-ethylhexyl) phthalate (DEHP)
4. Di-isodecyl phthalate (DIDP)
5. Diisononyl phthalate (DINP)
6. Di-n-hexyl phthalate (DnHP)

Settlement agreements have been reached on a wide variety of consumer products, including bota bags, faux leather heated seat cushions, eyelash curlers with vinyl components, toddler leashes, oxygen tank carriers, inflatable cup holders and tools with grips. In some cases, these agreements relate to one phthalate, and in others to all six phthalates.

SGS expert Dr HingWo Tsang notes that some of these products were not in violation of all regulated phthalate requirements but the parties had still agreed to reformulation. In most cases, a warning is allowed as an alternative.

To see a full summary of these settlement agreements, see SGS’s original SafeGuard 089/21.

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. []

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 Phthalates in Consumer Goods SafeGuardS. []

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

For further information contact:

Dr HingWo Tsang
Global Information and Innovation Manager
Tel: +852 2774 7420
LinkedIn: sgs-consumer-goods-&-retail

About SGS
We 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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Ben Christie

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