CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: California Proposition 65 reformulation updates

JULY 2021 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

Several California Proposition 65 (Prop 65) settlements or judgement have been reached for consumer products containing formaldehyde and chromium VI. An increasing number of cases for packaging containing phthalates was also reported. A Prop 65 warning label is required as one of the reformulations. 

Prop 65 is a “right to know” act. The law requires businesses with 10 or more employees to provide a clear and reasonable warning before knowingly and intentionally exposing Californians to listed chemicals. Currently, the Prop 65 list has more than 900 chemicals¹. Among the listed chemicals, formaldehyde (gas), phthalates, chromium VI and styrene have been targeted recently.  

1. Formaldehyde (gas)
   This chemical was reported in Halloween costumes back in 2011. There are recent Prop 65 cases that found formaldehyde in textile materials. The table below summarizes the requirements.
   
   

   Product	Reformulation
   Airline uniform garments	≤ 75 ppm formaldehyde
   Bamboo bed sheet sets and bamboo pillowcase sets	≤ 40 μg formaldehyde gas per 8 hours of expected use
   Halloween costumes	≤ 20 ppm for products for children under 3;  ≤ 75 ppm for products for children 3 and up, and/or for adults

2. Chromium VI
   Since 2019², a number of Prop 65 notifications is related to chromium VI in leather products. The target products are gloves and footwear. These settlements do not provide a reformulation standard with a content limit for chromium VI. There is an ongoing case arguing only chrome-free leather³ should be used in footwear. This case has been submitted to the court for decision.
   
3. Phthalates
   There is also an increase in enforcement actions on packaging. 60-day notices for plastic bags, cases or pouches had been filed because they were found containing phthalates and without warning statement. Six phthalates (i.e. DEHP, BBP, DBP, DIDP, DnHP, DINP) are reported in CA Prop 65 judgements. The reformulation is less than 0.1% by weight. DEHP is the most commonly found phthalates out of the six.
   
4. Styrene
   3D printing filaments for 3D printers or 3D pens containing styrene became a new target CA Prop 65 cases. Materials include acrylonitrile butadiene styrene (ABS), polycarbonate ABS and high impact polystyrene (HIPS). Specific warnings were required for the filaments and 3D printing products as follows:
   
    WARNING: Operation of this product with filaments that include a styrene monomer (ABS / HIPS / PC-ABS) can expose you and others in the same room to styrene, a chemical known to the State of California to cause cancer.
   
   www.P65Warnings.ca.gov.
   ALWAYS OPERATE THIS PRODUCT IN A WELL-VENTILATED AREA.
   
    WARNING: This Filament – when used in the operation of 3D Printers or 3D Pens – can expose you and others in the same room to styrene, a chemical known to the State of California to cause cancer. www.P65Warnings.ca.gov.
   ALWAYS OPERATE THIS PRODUCT IN A WELL-VENTILATED AREA.
   

[1]  California Proposition 65 list

[2]  New California Proposition 65 Settlements for Hexavalent Chromium in Leather Glove, Sep 2020

[3]  AG 2019-01258