SGS AG: California Proposition 65: Reformulation of DINP in Consumer Products

SAFEGUARDS | Consumer Products NO. 066/19

California Proposition 65 (Prop 65 (https://oehha.ca.gov/proposition-65/about-proposition-65)) is the 'Safe Drinking Water and Toxic Enforcement Act of 1986', a ballot initiative passed overwhelmingly by Californian residents in November 1986. This unique right-to-know law requires the state to publish a list of chemicals (https://oehha.ca.gov/proposition-65/proposition-65-list) that are known to cause cancer, birth defects and/or reproductive harm. First published in 1987, the list has evolved to approximately 900 chemicals.

Diisononyl phthalate (DINP (https://oehha.ca.gov/proposition-65/chemicals/diisononyl-phthalate-dinp)) has been listed as a chemical known to cause cancer since December 2013 and is one of the six phthalates on the Prop 65 list of chemicals. Since the 'clear and reasonable warning' provision became effective in December 2014, multiple settlements and judgments have been concluded for DINP-containing consumer products. Examples of these include aprons, back covers for chairs, electronic accessories, and gloves as well as pillow and mattress protectors (Safeguards 119/16 (https://www.sgs.com/en/news/2016/06/safeguards-11916-california-proposition-65-reformulation-of-dinp-in-consumer-products) and 111/18 (https://www.sgs.com/en/news/2018/08/safeguards-11118-california-proposition-65-reformulation-of-dinp-in-consumer-products)).

Since the publication of Safeguard 111/18, a number of Prop 65 settlements and judgments have been reached for DINP in a wide variety of consumer products. These include bags, DIY products, electronic accessories, furnishings, hats, houseware, juvenile product accessories, mouth call cases, pet products, stationery and office supplies, and wine product accessories.

Highlights of these settlements and judgments are summarized in Table 1. The reformulations in these settlements are mainly no more than 1,000 ppm DINP with a warning as an alternative. It is noteworthy that the parties in entry 1 agreed to reformulate DINP in backpacks and cosmetic bags to non-detectable levels, with a warning as an alternative, whereas a warning was agreed for camera power adapters in entry 4.

Entry	Scope	Reformulation/Warning for DINP
1	Backpacks Cosmetics bags	Non-detectable otherwise warning
2	Brass valves	= 0.1% otherwise warning
3	Bulletin boards	= 0.1% otherwise warning
4	Camera power adapters	Warning
5	Chair covers	= 0.1% otherwise warning
6	Chart kit vinyl covers with zipper	= 1000 ppm otherwise warning
7	Electronic cords and/or cables	= 0.1% otherwise warning
8	Evening bags (clutches)	= 1000 ppm otherwise warning
9	Faux leather bags, cases, pouches and wallets	= 0.1% otherwise warning
10	Handlebar grips (hot thermal grips)	= 1000 ppm otherwise warning
11	Hats	= 1000 ppm otherwise warning
12	Heavy duty dog chains (Heavy duty dog tie outs)	= 1000 ppm otherwise warning
13	Inflatable serving bars	= 1000 ppm otherwise warning
14	Lure bags	= 0.1% otherwise warning
15	Microphone products	= 1000 ppm otherwise warning
16	Mouth call cases	= 0.1% otherwise warning
17	Plastic eye masks with reusable plastic case products	= 1000 ppm otherwise warning
18	Plastic handle grill tool products	= 1000 ppm otherwise warning
19	Plastic luggage tag products	= 1000 ppm otherwise warning
20	Plastic pouches containing wood furniture and floor markers	= 1000 ppm otherwise warning
21	Reusable plastic bag products	= 1000 ppm otherwise warning
22	Sewer accessory bags	= 0.1% otherwise warning
23	Shower caddies	= 0.1% otherwise warning
24	Shower curtain liners	= 0.1% otherwise warning
25	Steering wheel covers	= 0.1% otherwise warning
26	Stroller shields and/or other similar products or packaging	= 0.1% otherwise warning
27	Tackle cases	= 0.1% otherwise warning
28	Travel kit plastic bags	= 1000 ppm otherwise warning
29	Vinyl covered wires	< 0.1% otherwise warning
30	Waterproof bags or cases for electronic devices	= 0.1% otherwise warning
31	Wine charms and bottle topper sets	< 0.1%

Table 1

A Prop 65 settlement is a consent agreement between the parties named in the settlement and a party not named in a settlement is not bound by that settlement.

Through its global network of laboratories, SGS can offer comprehensive testing, product assessments and consultancy services related to California Proposition 65 to assist your risk management in your supply chain for consumer goods such as DIY products, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. For further information, please visit our website (https://www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/california-proposition-65).

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: ([phone]

Stay on top of regulatory changes within your industry: subscribe to SafeGuardS (https://www.sgs.com/en/newsletters/global/safeguards-and-product-recalls)!

Read more articles for the Consumer Goods and Retail industry (https://www.sgs.com/en/publications/consumer-compact)

_{© SGS Group Management SA - 2019 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties' contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided "as is" and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS's prior written consent.}