Recent California Proposition 65 reformulation requirements

December, 2013

The California Proposition 65 (Prop 65) requires products that contain hazardous chemical(s) to have proper warning labels. However, manufacturers of products containing hazardous chemicals often fail to provide this warning label and are often sued by professional Prop 65 litigants or various non-governmental organisation (NGOs). Once settlements have been reached in these lawsuits, manufacturers are then required to reformulate their products to meet certain limits and/or to provide a warning label for their products.

At present, over 800 chemicals are listed and identified by the state of California as causing cause cancer, birth defects or other reproductive harm. The list must be updated at least once a year. Examples of listed chemicals include lead, cadmium, phthalates, formaldehyde and flame retardants.

In recent months, a number of Prop 65 settlements have been reached including ash tray, bandages, bag clips, changing pads, charger cables, computer applicants, cushions, exercise balls, kitchen utensils, photo frames, tools, vinyl sheet flooring, yoga mats and more. These settlements established requirements for violated products that the defendants have agreed to meet. Highlights of some of these settlements on chemical reformulation are summarised in Table A.

Table A. Highlights of some of the settlements on chemical reformulation requirements under Prop 65

Product	Reformulation requirements
Furniture
Drum thrones with vinyl/PVC upholstery	≤ 1000 ppm each of BBP, DBP, DEHP; otherwise warning
Stools with vinyl/ PVC	< 1000 ppm DEHP
Sport equipments and accessories
Exercise balls including yoga mats and jump ropes	< 1000 ppm DEHP; otherwise warning
Billiard table covers Ping pong table covers	< 1000 ppm DEHP; otherwise warning
Table tennis set	< 50 ppm lead and < 1.0 µg lead by NIOSH 9100; < 1000 ppm DEHP, DBP, BBP, DIDP, DnHP
Electrical and electronic products
Computer cooling fans Computer mouse Webcams Speakers	≤ 100 ppm Lead
PDA Accessories Charger Cable USB Charger Cables	≤ 100 ppm Lead
Clamp lamps with vinyl clamp	≤ 1000 ppm DEHP; otherwise warning
Textile products and fashion accessories
Changing pads Products with polyurethane foam or other filing materials	≤ 25 ppm each of TDCPP, TDBPP, TCEP
Foam-cushioned pads (e.g. cushions, pads, rest mats) for children and infants	Shall not contain flame retardants including but not limit to TDCPP, TCEP, TCPP, TBB, TBPH, TPP, V6, MDPP, DBPP, TBPP, PentaBDE, OctaBDE, DecaBDE
Sunglasses Tablecloths	≤ 1000 ppm DEHP; otherwise warning
Vinyl shoulder cushions	< 100 ppm Lead and ≤ 1.0 µg lead by NIOSH 9100; ≤ 1000 ppm DEHP
Watches with watchbands and replacement watchbands	Paint or surface Coating ≤ 90 ppm Lead All other materials ≤ 100 ppm Lead
Others
Aquarium nets with vinyl/ PVC handles	≤ 100 ppm Lead and < 1000 ppm DEHP
Aqua Rug carpet for shower, tub or bathroom	≤ 1000 ppm DEHP; otherwise warning
Nail trimmers	≤ 1000 ppm DEHP; otherwise warning
Stripper, Crimpers, Cutting tools	≤ 1000 ppm DEHP; otherwise warning
Vinyl/ PVC hand tool grips	≤ 1000 ppm DEHP; otherwise warning
Adhesive bandages	≤ 1000 ppm DEHP
Book with vinyl/ PVC covers	≤ 1000 ppm DEHP
Bottle stopper	≤ 1000 ppm DEHP
Eyelash curler and tweezers with grips	≤ 1000 ppm each of BBP, DBP and DEHP; ≤ 90 ppm lead and ≤ 1.0 µg lead by NIOSH 9100
Auto dash tray Bag clips Barrel bolts Can and bottle openers Glass shears Kitchen utensils Paper clips Rubber grip flashlights Stainless steel chopping knife Suction cup hooks Tape measure	≤ 100 ppm Lead and ≤ 1000 ppm DEHP; otherwide warning
Steering wheel covers	≤ 100 ppm Lead and ≤ 1000 ppm DEHP; otherwide warning
Photo frames	≤ 100 ppm Lead
Vinyl sheet flooring	< 1000 ppm BBP

Consumer Products and Retail E-ssentials