California Proposition 65: Reformulation of Chemicals in Consumer Products

Multiple settlements have been reached for a range of products containing Proposition 65 (Prop 65) chemicals. Many of these agreements allow a Prop 65 warning as an alternative.

California Prop 65 is the 'Safe Drinking Water and Toxic Enforcement Act of 1986', a ballot initiative passed overwhelmingly by Californian residents in November 1986. It requires the state to publish a list of chemicals that are known to cause cancer, birth defects or reproductive harm. First published in 1987 and updated at least once per year, the list has evolved to include approximately 900 chemicals.

In Prop 65, one important provision for companies doing business in California is to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. Unless exempt, businesses have 12 months to comply with this requirement once a chemical is listed. Failure to provide a warning may result in lawsuits.

In this communication, we summarize multiple recent settlements involving a variety of consumer goods containing the following chemicals:

Bisphenol A (BPA)

Table 1. Reformulation of BPA in consumer goods

Lead

Table 2. Reformulation of lead consumer goods

One or more phthalates

Table 3. Reformulation of consumer goods containing one or more phthalates

Lead and phthalates

Table 4. Reformulation of consumer goods containing lead and phthalates

Chromium (VI) Compounds

Table 5. Reformulation of chromium (VI) compounds in consumer goods

Perfluorooctanoic acid (PFOA)

Table 6. Reformulation of PFOA in consumer goods

Cocamide diethanolamine (cocamide DEA) and diethanolamine (DEA)

Table 7. Reformulation of cocamide DEA or DEA in consumer goods

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

It is important to note that California has recently revised its Prop 66 warning requirements.

Abbreviations

Companies doing business in California, USA, need to be aware of and comply with Proposition 65.

Disclaimer: The information provided is for technical and general information purposes only and offers no legal advice. The information is no substitute for professional legal advice to ensure compliance with the applicable laws and regulations.