CA Prop65 Act
California Proposition 65 (Proposition 65), the Safe Drinking Water and Toxic Enforcement Act of 1986, prohibits the contamination of drinking water with chemicals known to cause cancer or reproductive toxicity. In the course of business, no person shall knowingly discharge or release into the water chemicals known to cause cancer or reproductive toxicity. 2. Warnings must be given prior to exposure to chemicals known to cause cancer or reproductive toxicity. No person shall knowingly expose any individual to a chemical known to cause cancer or reproductive toxicity in the course of business without first giving clear and reasonable warning.
California 65 itself does not set limits for hazardous substances, only safe harbor levels, and safe harbor levels are very difficult to enforce in practice. When an individual or group questions the safety level of certain hazardous chemicals in a product, they can file a lawsuit in court and eventually reach a settlement agreement or court decision with the plaintiff, the hazardous substance limits will be set in the settlement agreement or court decision. Therefore, California 65 hazardous substance control is often based on the hazardous substances and limit values involved in previous settlement agreements or court judgments cases for the same or similar products.
Some of the California 65 settlement agreements and court decisions are as follows:
Products | Requirements | Case provisions corrective measures | Case Number |
Headphone cable | DEHP, DBP, BBP, DIDP, DnHP, DINP≤ 100 ppm(Single item) | Remanufacturing | CIV 474817 |
Headphones | DEHP, DBP, BBP, DIDP, DnHP, DINP≤ 1000 ppm(Single item) | Remanufacturing and warnings | CGC-11-514883 |
Washing machine connector | DEHP, DINP≤ 1000 ppm(Single item) | Remanufacturing and warnings | RG16803636 |
Water heater drain valve | Lead ≤ 90 ppm; and | Remanufacturing and warnings | Moore v Anderson Brass Company Out-of-court settlement |
Wipe lead ≤ 1μg (NIOSH 9100) | |||
Radios | Lead ≤ 90 ppm | Remanufacturing | CGC-12-519454 |
Phone Cases | BPA Not detectable | Remanufacture or warning | Anthony Ferreiro v. Pivet Communications, LLC Out-of-court settlement |
Popcorn Machine | BPA≤ 20ppm | Warning | RG18899101 |
Polycarbonate cookware | BPA Not detectable | Remanufacture or warning | RG17859873 |