SGS Warns Californian Businesses About Recent Prop 65 60-Day Notices on Electronic Device Cases

SGS warns Californian businesses about thirteen California Proposition 65 (Prop 65) 60-day notices of violation that have been issued against manufacturers and suppliers of electronic device cases. The 60-day notices of violation relate to a failure to provide a ‘clear and reasonable warning’ about possible consumer exposure to Bisphenol A (BPA).

A 60-day notice of violation is a legal document that is served to a business that has allegedly violated the warning requirements in Prop 65. The thirteen 60-day notice of violation issued in October 2020 relate to a wide variety of products, including:
• Mobile/cell phone cases
• Earbud cases
• Tablet cases
• Notebook computer cases
• Game console cases

Prop 65, or the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, is a unique piece of legislation passed in November 1986. It requires the state to maintain a list of chemicals (Prop 65 List) known to cause cancer, birth defects and/or reproductive harm. Unless exempted, businesses operating in California must provide ‘a clear and reasonable warning’ (Prop 65 Warning) before knowingly and intentionally exposing anyone to a substance on the Prop 65 List, which now contains around 900 chemicals. Companies have twelve months to comply with this requirement once a substance is included in the Prop 65 List.

BPA is a chemical known to cause female reproductive toxicity. It has been included on the Prop 65 List since May 2015 and, since May 2016, it has been the cause of multiple settlement agreements involving a wide variety of consumer products – thermal paper, food contact materials and articles, cell phone cases, etc. The agreements bind only the named parties to a reformulation of no more than 3 ppm for BPA, with a warning as an alternative.

When a business is issued with a Prop 65 60-day notice of violation, it normally results in a settlement negotiation between the two parties. This is not legally binding on businesses not named in the settlement but can act as a guide to help them avoid future legal problems.

SGS Prop 65 Services
With a global network of laboratories, SGS can offer comprehensive testing, product assessment and consultancy services related to California Proposition 65. SGS can assist your risk management strategy in consumer goods, such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS’s Prop 65 Services. []

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full California Proposition 65: 60-Day Notices for BPA in Electronic Device Cases SafeGuardS. []

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For further information contact:
Hingwo Tsang
Global Information and Innovation Manager
Tel: (+852) 2774 7420
LinkedIn: sgs-consumer-goods-&-retail

About SGS
SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 89,000 employees, SGS operates a network of over 2,600 offices and laboratories around the world.