California Proposition 65 Settlements

The following is a summary of California Proposition 65 settlements recently finalized that involve consumer products in Q4, 2024.

Requirements for New Settlements:

Clear plastic heels of women shoes

• No more than 3 μg Bisphenol A of wipe test
•  Or utilize a warning statement

Pond Liner

• No more than 0.1% (1000ppm) DINP
• Or utilize a warning statement

Vinyl dumbbells

• No more than 0.1% (1000ppm) DEHP
• Or utilize a warning statement

Update current criteria by additional settlements:

Jackets / ponchos meant to protect the wearer from rain and snow

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
• Or utilize a warning statement
  
  Changes: Added scope of ponchos

Chairs / stools

• No more than 0.1% (1000ppm) DEHP
• Warning label is not allowed by the consent judgment
  
  Changes: Added scope of stools

Cooling hat

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
  
  Changes: Removed warning label requirement for textiles due to shall comply with the requirement on PFAS (in terms of Total Fluorine) in CA state law for textiles.

Soft carrying bags, cases and totes

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
  
  Changes: Removed warning label requirement for textiles due to shall comply with the requirement on PFAS (in terms of Total Fluorine) in CA state law for textiles.

Children’s lunch bags

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
  
  Changes: Removed warning label requirement for textiles due to shall comply with the requirement on PFAS (in terms of Total Fluorine) in CA state law for textiles.

Gas tank cover

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
  
  Changes: Removed warning label requirement for textiles due to shall comply with the requirement on PFAS (in terms of Total Fluorine) in CA state law for textiles.

Coverall and other bibs

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
  
  Changes: Removed warning label requirement for textiles due to shall comply with the requirement on PFAS (in terms of Total Fluorine) in CA state law for textiles.

Seat pads

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
  
  Changes: Removed warning label requirement for textiles due to shall comply with the requirement on PFAS (in terms of Total Fluorine) in CA state law for textiles.

Umbrella

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
  
  Changes: Removed warning label requirement for textiles due to shall comply with the requirement on PFAS (in terms of Total Fluorine) in CA state law for textiles.

Leather footwear and gloves and belt

• Leather components which are Chrome-tanned that are in direct contact with the skin when worn must be sourced from a certified tannery, then testing of leather for Cr(VI) is not required. Product from a certified tannery does not require a Prop 65 warning also. A Certified Tannery is one that either certifies compliance with the approved tanning protocol; or is Gold metal certified under the Leather Working Group (LWG) Audit Protocol (P7.2.2 or higher) or in the Restricted Substances, Compliance & Chromium VI Management module of the LWG Audit Protocol.
  
  Changes: Added scope of belt

Mushrooms and protein supplement products

• No more than 0.5 micrograms of lead per day and no more than 4.1 micrograms of cadmium per day in daily exposure level
   
• Or utilize a warning statement
  
  Change: Added scope of protein supplement products

Cosmetic and personal care products – including topical OTC drug and cosmetic / drug products

• Shall include a warning or reformulate to remove DEA
  
  Changes: Added scope of cosmetics and personal care products

How Does this Impact You?
By monitoring Proposition 65 actions and settlements, Bureau Veritas help retailers and manufacturers take a proactive and comprehensive approach to compliance. We assist our clients in determining if listed Prop 65 chemicals are present in their products; identifying exposure routes and assessing the risk levels in items. We then help our clients to build in the appropriate requirements into their testing and quality assurance program an ongoing basis.

If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com 
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