California Information Disclosure Act
Proposition 65 requires companies to provide a clear and adequate warning before knowingly and intentionally exposing consumers in California (USA) to certain chemicals known to be carcinogenic or toxic to reproduction.
Companies exporting their products to California should therefore be aware of the composition and potential exposure of chemicals classified as harmful.
The California Environmental Protection Agency OEHHA has published a list of about 900 substances that include other substance groups such as softeners, flame retardants, heavy metals, carcinogenic dyes, but also wood dust or formaldehyde. A warning must be given if one of the substances is contained in the product and if inhalation, oral or dermal exposure may be present.
Since 30 August 2018, there have been innovations with regard to the implementation of Proposition 65:
- the warning notice must be made visible to the consumer before the purchase decision is made
- if substances are present in hazardous quantities, at least one substance per hazard (carcinogenic or toxic to reproduction) must be named and a warning symbol affixed.
The manufacturer must therefore perform a risk analysis with regard to the requirements of Proposition 65 before importing the products. This includes a consideration of all materials used, their contents and possible exposures of the consumer.
Example 1: Upholstered furniture
A manufacturer of upholstered furniture must collect information about the wood-based materials, upholstery, textiles, adhesives and plastics used and, if necessary, perform laboratory tests with regard to the above-mentioned exposures, such as emission tests of the entire piece of furniture and contents tests of the textiles which may come into contact with the skin.
Children’s furniture may also be assessed for oral exposure.
Supplier confirmations for individual materials can help to reduce the testing effort.
Example 2: Wooden floor coverings
A manufacturer of wooden floor coverings that consumers can cut and lay themselves must also take into account and declare the exposure of wood dust.
Risk analysis with the help of emission and contents tests by eco-INSTITUT
eco-INSTITUT will be pleased to support you during risk analysis with regard to Proposition 65 for your products with emissions and content tests or also during the evaluation of compositions or recipes of materials used.
As approved testing laboratory of the American certification body SCS Global Services, our emission measurements can also be used to apply for the SCS Indoor Advantage Gold certificate. Please contact us.
Subject to change without notice; last update: June 14th, 2023
