California Prop 65 New Settlement for Flame Retardants and Phthalates in Consumer Products

Proposition 65 (Prop 65) is the “Safe Drinking Water and Toxic Enforcement Act of 1986”, a ballot initiative passed overwhelmingly by California residents in 1986.
California Prop 65 reformulation of flame retardants and phthalates.
California Prop 65 reformulation of flame retardants and phthalates.
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California Prop 65
Consumer Product Safety
Flame Retardants


Hong Kong - Hong Kong Island - Hong Kong

HONG KONG - March 20, 2014 - PRLog -- California Proposition 65 for Improved Consumer Product Safety

On 28 October 2011, California listed the flame retardant tris(1,3-dichloro-2-propyl) phosphate (TDCPP) under Proposition 65 (Prop 65) as a chemical know to cause cancer (2).  The flame retardant TDCPP became the subject to the ‘Clear and reasonable warning’ on 28 October 2012 (3).

In February 2014, SGS reported a number of Prop 65 settlements for flame retardants, including TDCPP, in:

1. Polyurethane (PU) foam-cushioned pads for children and infants to lie on, such as rest mats (4).
2. Foam-cushioned upholstered furniture (4).
3. Changing pads and seat cushions (4).
4. PU foam for use as component of another product (4)

Reformulation of Flame Retardants and Phthalates

In late 2013, a Prop 65 settlement regarding the use of the flame retardants TDCPP, tris(2-chloroethyl) phosphate (TCEP) and tris(2,3-dibromopropyl) phosphate (TDBPP) as well as butylbenzyl phthalate (BBP), di-n-butyl phthalate (DBP) and di(2-ethylhexyl) phthalate (DEHP)  in consumer products has been reached. Under the terms of the agreement, a reformulated product is required to comply with

- Below or equal to 25 ppm each of TCEP, TDBPP and TDCPP (PU foam for use as component of another product, such as upholstered furniture) and

- Below or equal to 1000 ppm each of BBP, DBP and DEHP (folding chairs with vinyl / PVC upholstery).

The use of TDBPP has been regulated by the Consumer Product Safety Commission (CPSC) since April 1977 and is prohibited in children’s clothing (5).

Highlights of the consent agreement are summarized in Table 1 within the latest SafeGuardS bulletin (


(1) Prop 65, Office of Environmental Health Hazard Assessment (OEHHA) (

(2) Current Prop 65 (

(3) Proposition 65 in Plain Language (

(4) SafeGuards 25/14 ( and references therein

(5) CPSC Bans TRIS-Treated Children's Garments, CPSC Press Release # 77-030, April 1977 (

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 flame retardants and other restricted substances in consumer products for compliance with Prop 65 ( and worldwide requirements. If a Prop 65 substance is detected, SGS is also able to provide a Safe Harbor Assessment by a DABT toxicologist.  This assessment may allow you to avoid the warning label on the product, the withdrawal of the product from market, or to avoid penalties established by the law if the exposure to a listed chemical is shown to be lower than the Safe Harbor Level.

Please do not hesitate to contact the SGS experts for further information.

Contact details:

SGS Consumer Testing Services

HingWo Tsang
TJP Information and Innovation Manager
SGS Hong Kong Ltd.
1/F OnWui Centre
25 Lok Yip Road
Fanling, NT, Hong Kong, China

t: +852 2774 7420

SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 80,000 employees, SGS operates a network of over 1,650 offices and laboratories around the world.
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