New California Proposition 65 Settlement for Metallic Products
October 2007 (07B-157)
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Under California’s Proposition 65, product requirements are established based on settlements resulting from litigation brought forward by individuals or groups challenging the safety of chemical levels in particular products. Numerous judgments are filed in California each year, making it challenging for retailers and manufacturers to keep up-to-date.
Two examples of recent cases settled under Proposition 65 include lead in solder in copper containers and brass padlocks. For assistance with updating requirements for your products for these or other settlements, please contact us directly. Information on the settlements follows. |
OVERVIEW OF SETTLEMENTS
Solder in Copper Containers
Under the terms of the settlement, covered products, such as copper trays, planters, urns, wall fountains, pots, flower buckets, birdbaths and saucers must comply with specific lead content restrictions. According to the settlement and with agreement by the defendant, any solder-products should not contain lead in concentrations exceeding 200 ppm after 1 October 2007. Solder-products in inventory that exceed 200 ppm lead should be affixed with the California Proposition 65 warning. A sample warning is provided below:
WARNING: This product contains lead, a chemical known to the State of California to cause cancer, birth defects and other reproductive harm. Wash hands thoroughly after coming into contact with this product.
Brass Padlocks
Another consent judgment was settled against a market lock manufacturer whose products were alleged to contain lead and/or lead compounds. Covered products include locks containing lead and/or lead compounds, such as brass padlocks. Any covered products for which the normally intended function and manner of use of the product involves the gripping or holding of the product by gripping or holding a component made from leaded brass where such brass comes into contact with the user, the California Proposition 65 warning shall be provided:
WARNING: This product contains lead, a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. Do not place your hands in your mouth after handling the product. Do not place the product in your mouth. Wash your hands after touching this product.
Or
WARNING: This product contains one or more chemicals known to the State of California to cause and birth defects or other reproductive harm. Wash hands after handling.
Bureau Veritas an Industry Leader in Consumer Products
With experienced technical professionals in the area of consumer product quality assurance services, we are committed to assisting retailers and manufacturers with compliance to critical safety standards for their products.
Our Approach to Assisting You with Proposition 65
By monitoring Proposition 65 actions and settlements, we help retailers and manufacturers take a proactive and comprehensive approach to compliance. We assist our clients in determining if chemicals listed under Proposition 65 are present in their products as well as 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 programs on an ongoing basis. Our services include:
 Analytical Testing Services: Identifies levels of listed Proposition 65
substances in a product and testing to current consent decrees.
Design Evaluations: Reviews product construction and/or formulations
with possible recommendations.
Technical Opinion Letters: Evaluates your formulation against the current
list of Proposition 65 chemicals.
With years of experience, a strong reputation and a full understanding of the retail marketplace, we offer a variety of solutions and services to assist you throughout the supply chain. Please call your program manager or contact our nearest location to discuss how we can help you.
For more information on Proposition 65 and how Bureau Veritas can help you, view the Proposition 65 Service Sheet.
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ABOUT PROPOSITION 65
Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act, was enacted in California in 1986. This Act requires that anyone in the course of doing business in the state who exposes an individual to a chemical “known to the state” to cause cancer or reproductive toxicity must first give a “clear and reasonable” warning.
Currently over 740 chemicals are listed by the State of California as known carcinogens or reproductive toxins, and lead is one such chemical. The Act affects all products sold or distributed in California with fines of up to $2,500 per violation per day. |
Contact Information
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Americas: info@us.bureauveritas.com
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Bureau Veritas Consumer Products Services, Inc. (“BVCPS”) provides the information in this client bulletin as a resource of general information. It does not replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any indirect, special, punitive, consequential or other damages (including without limitation lost profits) of any kind in connection with this client bulletin. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS CLIENT BULLETIN.
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