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| ![]() New Settlements for California Proposition 65The parties in these settlements have agreed to reformulate their products in order to limit the amount of certain Prop 65 chemicals contained in their products. Some of these settlements allow the use of a Prop 65 warning.
California Proposition 65 (Prop 65) [1] is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a ballot initiative passed overwhelmingly by California residents in November 1986. Since its enactment, there have been numerous lawsuits, which resulted in the reduction of carcinogenic and reproductive chemicals by requiring reformulation of consumer products containing such chemicals. Prop 65 is now more than 29 years old and has been effective in reducing exposures to toxic chemicals. Of the 850 or so listed chemicals, consumer products [2] containing lead, phthalates and flame-retardants have been consistently targeted for enforcement over the years. Effects of Proposition 65 List of Chemicals on Recent Settlements Since the latter half of 2015, there have been a number of Prop 65 settlements requiring the reformulation of products containing: - Di(2-ethylhexyl) - Lead - Lead and its compounds - N-nitrosodiethylamine (NDEA) - Tris(2,3-dibromopropyl) - Tris(2-chloroethyl) - Tris(1,3-dichloro- These chemicals are included in the Prop 65 list of chemicals [3] that are known to the State of California to cause cancer, birth defects, other reproductive harm or a combination of these toxicities. The types of toxicity and the date of listing for each of these 7 chemicals are summarized in Table 1 (http://www.sgs.com/ Consumer Products Requiring Reformulation Prop 65 settlements requiring the reformulation of these 7 chemicals involved a variety of products, including beverage dispenser handles, brass whistles, candle warmers with exterior designs, coated brass products, children’s purses, condoms, farm Jacks with painted handles, hand tools, hardware accessories, plumbing repair parts, tent / shelter fabrics, upholstered fitness benches, upholstered furniture and walking sticks with vinyl/PVC grips. 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. Highlights of these settlements are summarized in Table 2 (see link to Table 1 above). References: [1] Office of Environmental Health and Hazard Assessment, Proposition 65 (http://oehha.ca.gov/ [2] Safeguards, California Proposition 65 Reformulation of Chemicals in Consumer Products Update – January 6, 2016 (http://www.sgs.com/ [3] The State of California Environmental Protection Agency, Chemicals know to the State to Cause Cancer of Reproductive Toxicity – December 4, 2015 (http://oehha.ca.gov/ About SGS Hardgoods Services Throughout a global network of laboratories, SGS can offer comprehensive testing, product assessments and consultancy services related to California Proposition 65 (http://www.sgs.com/ For further information, please contact an SGS expert. Contact Details: SGS Consumer and Retail Hing Wo Tsang Global Hardlines Information and Innovation Manager SGS Hong Kong Limited 1/F On Wui Centre 25 Lok Yip Road Fanling, N.T., Hong Kong, China Website: www.sgs.com/ LinkedIn: www.linkedin.com/ 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. End
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