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California Proposition 65 to Update List of Carcinogenic Chemicals
Prop 65 applies to a current list of more than 850 chemicals identified by the state of California as causing cancer or reproductive harm. The list contains a wide range of chemicals and some examples include heavy metals (e.g. lead, cadmium and nickel), organic chemicals (e.g. phthalates [BBP, DBP, DEHP, DIDP, DnHP and DINP]) and flame retardants (e.g. tris-(2-chloroethyl) phosphate (TCEP), tris(2,3-dibromopropyl) phosphate (TDBPP) and tris(1,3-dichloro-2-propyl) phosphate (TDCPP)) (2) .
Of the 850 or so listed chemicals, lead-containing consumer products have been consistently targeted over the years. In the last few years, phthalates and TDCPP have also been frequently targeted (3). Violations of Prop 65 usually result in a settlement or a consent agreement which binds the parties involved to fixed concentrations of the chemical in question or to a warning label. While these settlements are only legally applicable to the parties involved, they can serve as a useful guide to the rest of the industry about what should be acceptable concentrations of the Prop 65 chemicals named in the suit.
In the last few months, a number of settlements have been reached. Selected consent agreements on DEHP, lead and phthalates in a range of consumer products are summarized in Table 1 within the latest SafeGuardS bulletin (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-04314-prop65-reformulation-chemcals-a4-en-14.pdf).
(1) Proposition 65 in Plain Language (http://oehha.ca.gov/prop65/background/p65plain.html)
(2) Current Prop 65 list (http://oehha.ca.gov/prop65/prop65_list/Newlist.html) and SafeGuards 225/13 (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-22513-us-california-incorporates-diisononyl-phthalate-40-dinp-into-prop-65-list-a4-en-13.pdf)
(3) SafeGuards 25/14 (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-02514-california-prop-65-flame-retardants-in-polyurethane-foams-a4-en-14.pdf) and SafeGuards 193/13 (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-19313-california-prop-65-recent-settlements-a4-en-13.pdf)
About SGS Services for Proposition 65
Throughout a global network of laboratories, SGS is able to provide a range of services, including analytical testing and consultancy, for lead, phthalates and other restricted substances in consumer products for compliance with Prop 65 (http://www.sgs.com/en/Consumer-Goods-Retail/Hardgoods/Home-Furnishings-and-Houseware/California-Proposition-65.aspx) and international markets.
Please do not hesitate to contact the SGS experts for further information.
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