California Proposition 65 Settlement for Hexavalent Chromium in Leather

A settlement has been approved between the Center for Environmental Health (CEH) and a number of brands and retailers for alleged exposure to hexavalent chromium in leather gloves and footwear. Companies may voluntarily opt into the settlement until May 21, 2024.

Background

Chromium exists in different oxidation states: trivalent chromium Cr(III) and hexavalent chromium Cr(VI). Only Cr(VI) is on the California Proposition list.
Often times leather product manufacturers use Cr(III) in the tanning process to preserve hides.
However, under certain environmental conditions (such as temperature, humidity, pH) Cr(III) can oxidize into Cr (VI) and Cr(VI) can also reduce to Cr(III) under certain conditions.

Settlement Agreement

Product scope: Footwear and gloves which have chrome-tanned leather components that have direct contact with the skin when worn.
Exemption: Leather from exotic animals such as alligators, crocodiles, sharks, lizards, snakes and ostriches is not within the scope.
Participating companies must source leather or ensure leather products purchased from suppliers were sourced from a certified tannery.
Testing of leather for Cr(VI) is not required.
Product from a certified tannery does not require a Prop 65 warning.
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
The tannery must provide transport and storage instructions specifying recommended temperature, humidly, and light conditions sufficient to maintain physical and chemical properties of the leather relevant to Cr(VI) formation.
Records demonstrating compliance with the Reformulation Protocol must be retained for at least five years and provided upon written request.
The requirements of the settlement are phased in, starting with at least 50% of covered product in compliance by one year after the court approves the opt-in; at least 75% by June 21, 2025; and 100% compliance by the December 31, 2025. There is a limited exemption for the final compliance date for products where it is not feasible to contain skin contact leather from a certified tannery. If non-compliance is before the final compliance date a report must be sent to the CEH detailing the circumstances. Non-compliance after the final compliance date requires a Prop 65 warning for a limited number of products as defined in the settlement along with a detailed written report to the CEH each calendar year.

Link to the Settlement: https://oag.ca.gov/system/files/prop65/judgments/2019-01258J5172.pdf
Information to Opt-in: https://www.prop65hexchromesettlement.com

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