A number of California 65 settlements have been reached regarding phthalates in different products. Part of the agreement allows for the provision of California Proposition 65 warning labels as an alternative.
A key requirement of Proposition 65 for companies operating in California is that they must provide "clear but reasonable warning" before knowingly and intentionally exposing anyone to the chemicals in question. This requirement comes into force 12 months after the chemicals are listed.
Unless an exemption is granted, companies are granted a 12-month transition period when a chemical is added to the list.
Six phthalates are known to cause cancer, birth defects and other reproductive hazards or a combination of these, according to the California government. The six phthalates are:
Diisooctyl phthalate (DEHP, AS#117-81-7) - was included in 1988
Methylphenyl butyl phthalate (BBP, AS#85-68-7) - was included in 2005
Dibutyl phthalate (DBP, AS#84-74-2) - listed in 2005,
Di-n-ethyl phthalate (DNHP, AS#84-75-3) - listed in 2005
Diisodecyl phthalate (DIDP, AS#68515-49-1/26761-40-)- was listed in 1988
Diisononyl phthalate (DINP, AS#28553-12-0/68515-48-0) - was included in 2013
A number of California 65 settlements have been reached for phthalates in a variety of products, including accessories, bags, pet supplies, sports and sports leisure goods, stationery and office supplies, toys, and other furniture items.
Highlights of the agreement are summarized in Table 1. It is noteworthy that some products do not violate all regulated phthalate content requirements, but the parties to the agreement agreed to make adjustments to all (six) phthalates contained in products under California's Proposition 65.
Part of the resolution allows California 65 warnings to be used as a viable option for adjusting requirements.
The key points of the resolution are summarized as follows:
The California 65 agreement is a settlement agreement between the parties mentioned in the agreement, and parties not mentioned in the agreement are not bound by the agreement.