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The initial focus of California Proposition 65 (Prop. 65) limits certain chemicals in California drinking water, but the scope has expanded to several areas, including environmental exposure, occupational exposure and consumer products.

Consumer products include electronic & electrical equipments, textile, hardgoods, toys & children items etc. Consumers have their rights to know, if hazardous toxic substances could be found in the products. Therefore, manufacturer should clearly state the toxic substances information on the products.

Some of the toxic substances are referred to as “No Significant Risk Level (NSRL)” for carcinogenic chemicals and “Maximum Allowable Dose Level (MADL)” for reproductive toxins. Products must have clear warning labels if the exposure concentrations exceed NSRL and MADL limits.

Limits for Prop. 65 listed chemical substances of consumer products vary by different products. Sometimes, it even does not define clearly for all chemicals and product types. For industrial practice, the limits are always referring to different court case settlements resulting from the challenges on products safety level. Settlement agreements as shown in below table require manufacturer to reformulate their products to significantly reduce toxic chemical levels (See Table 1).

Table 1: Some Prop. 65 Court Cases Related to Electronics and Electrical Equipments:

ProductReferenceSpecification & Requirement - Prop 65 Warning Label
Speaker Systems

Reference
CAG v. Sakar

Settlement Agreement
No court case no.

Reformulation
≤ 100 ppm Lead

Effective Date: 21 Feb 2013

Speaker Cable

Reference
CAG v. NSI Audio Inc

Settlement Agreement
No court case no.

Reformulation
< 100 ppm Lead

Commencing Date: 14 May 2013
Effective Date: 15 Mar 2013

Flashlights

Reference
Brimer v. Sakar

County of Santa Clara
Case No. 1-12-CV-234766

Method
EPA 3050B and 6010B

Reformulated Products
≤ 90 ppm Lead (Paint and surface coating)
≤ 100 ppm Lead (substrate)

Effective Date: 31 Dec 2012

For further information, please contact: 

E&E Technology CS Team
t: +852 2765 3617
f: +852 2766 3778

Get a copy in pdf version: California Proposition 65 (Prop.65) for Consumer Products

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