Reformulation and Warning on Chemicals in Consumer Products under California Prop 65
Since its enactment, there have been numerous lawsuits which resulted in the reduction of carcinogenic and reproductive chemicals by reformulations of consumer products containing such chemicals (1).
A Long List of Chemicals Recorded under Prop 65
Prop 65 has been effective in reducing exposures of toxic chemicals in consumer products to consumers. Of the 850 or so listed chemicals, consumer products containing lead, phthalates and / or flame retardants have been consistently targeted (2).
On 20 December 2013, the phthalate diisononyl phthalate (DINP) was added onto the Prop 65 list of chemicals. Starting 20 December 2014, businesses are required to provide a 'clear and reasonable warning' before knowingly and intentionally exposing anyone to DINP (3).
Since the middle of 2014, a number of Prop 65 settlements have been reached for the reformulation of flame retardants, lead, phthalates and other chemicals in a wide range of products, including but not limited to, beer bongs, coasters, dish drainers, sunscreens and polyurethane foam in leather storage boxes.
Reformulation and Chemical Warning Required under Prop 65
In the latter part of 2014, a Prop 65 settlement for phthalates was concluded for seats with vinyl / PVC upholstery (Entry 21). Under the agreement, the parties agreed to reformulate the products to no more than 0.1% of each of the 6 phthalates DEHP, BBP, DBP, DIDP, DnHP and DINP. Failure to meet the reformulation requirements will require the products to carry the appropriate Prop 65 warning.
Highlights of the settlements, including the reformulation of the 6 phthalates for seats with vinyl / PVC upholstery are summarized in a table within the latest SafeGuards bulletin.
1) California Proposition 65
2) SafeGuards 93/14 - May 2014, SafeGuards 94/14 - May 2014, SafeGuards 95/14 - May 2014, SafeGuards 150/14 - August 2014 and SafeGuards 180/14 - October 2014
3) SafeGuards 203/14 - November 2014
About SGS Testing and Safety for Consumer Goods
Throughout a global network of laboratories, SGS can provide a range of services, including analytical testing and consultancy for flame retardants, lead, phthalates and other restricted substances in consumer products for California Prop 65 and international markets.
Please do not hesitate to contact an SGS expert for further information.
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