Sofia Martinez
California's Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to warn Californians about significant exposure to chemicals known to cause cancer or reproductive harm. One such chemical is Bisphenol A (BPA), commonly used in plastics to make them softer. As a result, plastic products containing BPA must carry a Prop 65 warning. Another chemical, di(2-ethylhexyl) phthalate (DEHP), often added to plastics to make them soft and flexible, is also on the Prop 65 list. While DEHP's presence in disposable packaging has sparked debate, businesses have received Notices of Violation for its use in various soft plastic consumer products.
| Characteristics | Values |
|---|---|
| Name | California Proposition 65, Safe Drinking Water and Toxic Enforcement Act of 1986 |
| Enforcing Agency | Office of Environmental Health Hazard Assessment (OEHHA) |
| Applicability | Businesses with 10 or more employees |
| Requirement | Warnings about significant exposures to listed chemicals |
| Chemicals on the List | More than 900 |
| Examples of Chemicals | Bisphenol A (BPA), Carbon Black, Styrene, Di(2-ethylhexyl) phthalate (DEHP) |
| Products Containing Listed Chemicals | Food and beverage containers, disposable packaging, shower curtains, furniture, automobile upholstery, shoes, backpacks, handbags, medical devices |
| Warning Labels | "This product contains a chemical known to the State of California to cause cancer or reproductive harm." |
| Exemptions | Warnings depend on the anticipated level of exposure and intended use of the product |
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What You'll Learn
Bisphenol A (BPA)
In 2016, the State of California added Bisphenol A (BPA) to its list of chemicals known to cause cancer or reproductive harm under Proposition 65, requiring warnings for exposures in California. Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, mandates that California maintain and update a list of chemicals known to the state to cause cancer or reproductive toxicity (birth defects or other reproductive harm). Businesses must provide warnings to Californians about significant exposures to these chemicals.
The addition of BPA to the Proposition 65 list resulted in a requirement for warning signs at the cash registers of stores selling products containing BPA. These warnings must identify BPA and provide a link to a source of information. The language offered in the statute includes: "WARNING. This product contains a chemical known to the State of California to cause cancer or reproductive harm."
The emergency provision requiring warnings for BPA only applies to food and beverage containers. This provision gives the California Office of Environmental Health Hazard Assessment (OEHHA) time to continue its testing to determine the types and amounts of BPA that require warnings. OEHHA hopes that companies will reformulate their products and do away with BPA in liners.
There have been efforts to reduce exposure to BPA, particularly for infants and children, who may be more vulnerable to its effects. Some jurisdictions have banned BPA from baby bottles, and BPA-free plastics have been introduced, manufactured using alternative bisphenols. However, there is controversy surrounding whether these alternatives are actually safer. Research is ongoing to better understand the potential health effects of exposure to BPA.
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Di(2-ethylhexyl) phthalate (DEHP)
DEHP is extensively used as a plasticizer in many products, especially medical devices, furniture materials, cosmetics, and personal care products. Plastics may contain 1% to 40% of DEHP. It is also used as a hydraulic fluid and as a dielectric fluid in capacitors, as well as a solvent in glowsticks. Approximately three million tons of DEHP are produced and used annually worldwide. DEHP is commercially produced by reacting excess 2-ethylhexanol with phthalic anhydride in the presence of an acid catalyst such as sulfuric acid or para-toluenesulfonic acid.
Due to the overuse of DEHP, it enters and pollutes the environment through release from industrial settings and plastic waste disposal sites. DEHP can leach into drinking water from discharges from rubber and chemical factories, and it is commonly found in bottled water. The US EPA sets the limit for DEHP in drinking water at 6 ppb, but it does not regulate levels in bottled water. DEHP levels in some European samples of milk, cheese, and cream have been found to be much higher than the EPA Safe Drinking Water limits.
DEHP has raised concerns about its safety and potential effects on human health. It can enter the body through inhalation, ingestion, and dermal contact. Studies have investigated the toxic effects of DEHP on animal models and humans in vitro and in vivo, focusing on its potential as an endocrine disruptor. DEHP is believed to cause endocrine disruption in males, acting as an androgen antagonist, and may have lasting effects on reproductive function. Prenatal phthalate exposure has been associated with lower levels of reproductive function in adolescent males. The US FDA has issued a Public Health Notification on DEHP, recommending the use of non-DEHP exposure solutions for male neonates, pregnant women carrying male fetuses, and peripubertal males.
In terms of Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, it requires California to maintain and update a list of chemicals known to cause cancer or reproductive toxicity. Businesses must provide warnings to Californians about significant exposures to these chemicals. While the presence of DEHP on this list is unclear, it is important to note that the warning requirements depend on the anticipated level of exposure resulting from the foreseeable uses of a product. Therefore, the decision to include a warning must consider the end uses and applications of the products containing DEHP.
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Carbon black
California Proposition 65, officially called the Safe Drinking Water and Toxic Enforcement Act of 1986, requires the state to maintain and update a list of chemicals known to cause cancer or reproductive toxicity (birth defects or other reproductive harm). Proposition 65 applies to all products sold within California, including consumer goods, commercial goods, and construction materials like piping systems.
> WARNING: This product can expose you to Carbon Black, which is known to the State of California to cause cancer. For more information go to www.p65warnings.ca.gov.
Note that some manufacturers state that carbon black is completely encapsulated in thermoplastics and does not pose a health risk.
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Styrene
California Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to warn Californians about significant exposures to listed chemicals known to cause cancer or reproductive harm. One such chemical is styrene, which is used in plastics.
Under Proposition 65, styrene has been identified as a chemical known to cause cancer. This classification is based on scientific studies that have linked styrene exposure to an increased risk of certain types of cancers, particularly in individuals who work in industries where styrene is regularly used. As a result, products containing styrene that are sold in California are required to carry a Proposition 65 warning label.
The warning label serves to inform consumers about the potential presence of styrene and other chemicals in the product. It is important to note that the presence of a Proposition 65 warning does not necessarily indicate that a product is unsafe. Instead, it reflects the fact that the product may contain trace amounts of chemicals, including styrene, that are above the "significant risk" or "observable effect" levels as defined by the regulation.
To comply with Proposition 65, manufacturers and retailers must ensure that their products are properly labelled if they contain styrene or other chemicals on the Proposition 65 list. This includes not only plastics but also any other products that may contain these chemicals as a result of the manufacturing process. By providing clear and reasonable warnings, businesses can help consumers make informed choices and take appropriate precautions to minimize their exposure to potentially harmful substances.
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4-Vinylcyclohexane
California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires California to maintain and update a list of chemicals known to the state to cause cancer or reproductive toxicity (birth defects or other reproductive harm). Businesses selling products in California must provide "clear and reasonable warnings" if they knowingly expose people to any listed chemical. Proposition 65 applies to various consumer products, including apparel, textiles, jewelry, accessories, and home goods.
One such chemical listed under Proposition 65 is 4-Vinylcyclohexane. According to Westlake Plastics Company, their products may expose users to 4-Vinylcyclohexane, which is known to the State of California to cause birth defects or other reproductive harm. However, the company notes that the decision to include a warning label ultimately rests with their customers, as they do not have complete knowledge of how their customers use their products.
The presence of 4-Vinylcyclohexane in Westlake Plastics Company's products is due to it being within the polymer matrix. While machining their products might produce respirable dust, the company states that the ingredients are not expected to be hazardous to health.
It is important to note that Proposition 65 warnings are specific to California and may not be required or prevalent in other states or countries. The warning requirements depend on the anticipated level of exposure to the restricted components resulting from the foreseeable uses of a product. A "significant risk" or "observable effect" determination can only be made with full knowledge of the end uses and applications of the products.
While Proposition 65 warnings can be concerning, it is important to consider them in the context of your overall environmental and dietary chemical exposures. Staying informed about the chemicals listed under Proposition 65 and their potential health risks is crucial to making informed decisions.
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Frequently asked questions
California Proposition 65, officially called the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires businesses to warn Californians about significant exposure to chemicals known to the state to cause cancer or reproductive harm.
Chemicals that require a Proposition 65 warning include carbon black, styrene, titanium dioxide, butadiene, and di(2-ethylhexyl) phthalate (DEHP). DEHP is often added to plastics to make them soft and flexible.
DEHP is found in a variety of soft plastic consumer products, including shower curtains, furniture, automobile upholstery, shoes, backpacks, and medical devices.
Polystyrene (PS), high-impact polystyrene (HIPS), and acrylonitrile butadiene styrene terpolymer (ABS) are not on the California EPA's list of chemicals known to cause cancer or reproductive harm. However, it's important to note that there may still be trace amounts of other listed chemicals present in these plastics due to the manufacturing process.
