Your regular update for technical and industry information
SEPTEMBER 2020 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOY AND CHILDREN'S PRODUCTS
As known, California Proposition 65 (Prop 65)1 enforcement is carried out through civil lawsuits which brought by the California Attorney General’s Office (OAG), or by a district attorney or city attorney. Private parties acting in the public interest are also allowed to bring Prop 65 lawsuits.
Since last year, hexavalent chromium (Cr VI) in leather gloves became enforcement target under Prop 65. To date, there are around thirty 60-day notices reported due to Prop 65 warning was not provided for exposure to Cr VI from gloves.
There are three settlements2,3,4 recently reached for Cr VI violations in leather gloves. These settlements do not provide reformulation standard with a content limit for this chemical. Instead, a clear and reasonable Prop 65 warning is required for the involved products.
Cr VI is listed under Prop 65 as a chemical known to cause cancer and development effects in both males and females.
It is used widely in applications5 including leather tanning, textile dyes, stainless steel, wood preservatives, anti-corrosion and conversion coatings, electroplating. Warning should be provided for products that can expose Californian to Cr VI, as well as other chemicals listed under Prop 65.
Both standard warning and short-form warning examples for Cr VI are provided in these three settlements, aligning with the warning samples6 advised by Office of Environmental Health Hazard Assessment (OEHHA).
Standard warning sample:
WARNING: This product can expose you to chemicals including chromium (hexavalent compounds), which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
Alternative short-form warning may be used for small products:
WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov.