California Proposition 65 - New settlement on flame retardants

1. July, 2013

Relevant for: Softlines,Toys & children's products

Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The Proposition was intended to protect California citizens and the State's drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals. State law requires any person suing "in the public interest" to enforce Proposition 65, to notify the Attorney General of the lawsuit and outcome of the case.

On 17 June 2013, a Proposition 65 court case (Alameda no. RG-13667688) has been reached to reformulate polyurethane (PU) foam in foam-cushioned pads that has been treated with tris (1,3-dichloro-2-propyl) phosphate (TDCPP) for children and infant to lie on. With regard to the settlement, no flame retardants, including but not limit to TDCPP and 12 other halogenated or phosphorous containing flame retardants identified in the settlement, can be used to manufacture foam-cushioned pads (e.g. cushions, pads, rest mats) for children and infants after 17 June 2013. Flame retardants identified in the settlement are listed in table A.

Table A : List of flame retardants including but not limited to TDCPP