California Proposition 65 Update: Settlements for Aluminum Cookware and Modeling Clay
October 2007 (07B-161)
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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 recent cases settled under Proposition 65 include lead in aluminum cookware and phthalates in modeling clay. For assistance with updating requirements for your products for these or other settlements, please contact us directly. |
OVERVIEW OF SETTLEMENTS
Aluminum Cookware
Under the terms of this new settlement, manufacturers/retailers have agreed that no cookware shall be sold that leaches lead at a limit exceeding 6 parts per billion (ppb) without a warning statement. The cookware shall be tested to the American Standard Test Method for Lead and Cadmium Extracted from Glazed Ceramic Surfaces Designation ASTM C738: 94 (Reapproved 2006).
Product that is not compliant with the above limit must carry an appropriate warning, such as:
WARNING: This product contains lead, a chemical known to the state of California to cause cancer and birth defects or other reproductive harm.
Modeling Clay
Another consent judgment was settled against a manufacturer whose modeling clay was found to contain di-n-hexyl phthalate (DnHP), a chemical known to the state of California to cause birth defects and other reproductive harm. The settlement specifies that all product will now be reformulated to be DnHP free. Compliance testing shall be performed in accordance with test protocols EPA SW8270C and EPA SW3580A.
As the product is being reformulated to remove DnHP, no warning statements were allowed.
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, visit: http://tinyurl.com/24potd
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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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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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