SGS Summarizes Some California Prop 65 Settlement Agreements for Consumer Goods

A look at some recent California Prop 65 settlement agreement reformulations for consumer products.
( | Press Release | 2021-07-28 12:10:29 )
SGS publishes a summary of some recent settlement agreements concerning consumer products in relation to the California Proposition 65. While only parties named in the agreement are legally bound by its contents, other stakeholders are advised to remain informed in order to avoid potential future legal issues.

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. Unless exempted, companies have twelve months to comply with this requirement once a substance is included in the Prop 65 List.

Chemicals on the list include bisphenol A (BPA) (listed in 2015), formaldehyde (1988), and lead (1987). In recent months there have been several settlement agreements involving a variety of consumer products and these chemicals, resulting in the following reformulations:
• Bamboo bed sheet sets and bamboo pillowcase sets: no more than 40 μg formaldehyde gas per 8 hours of expected use
• Drain plugs: less than 1000 ppm lead
• Duck calls: BPA-free
• Food containers/storage: BPA-free
• Garments: no more than 75 ppm formaldehyde (ISO 14184-1) – garments must comply with the Oeko-tex 100 standard in effect at the time the time of manufacturing
• Padlock keys: less than 1000 ppm lead

With the exemption of garments, a warning can be used as an alternative.

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 Chemicals 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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