How California Proposition 65 could affect you

October 12, 2016

What Is Proposition 65

In 1986, California voters approved an initiative to address their growing concerns about exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65.

Proposition 65 requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include approximately 800 chemicals since it was first published in 1987.

What requirements does Proposition 65 place on companies doing business in California?

Businesses are required to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical. This warning can be given by a variety of means, such as by labeling a consumer product or posting signs at a workplace or business. By providing this information, Proposition 65 enables Californians to make informed decisions about protecting themselves from exposure to these chemicals.

California proposition 65 and vinyl exam gloves

DINP (Diisononyl phthalate) is a phthalate plasticizer used to manufacture many vinyl (PVC) products, such as, vinyl flooring, footwear, and disposable vinyl gloves, to make them pliable.

DINP has been added to the Proposition 65 list of chemicals “known to the State of California to cause cancer.”

As a result of Prop 65 and the listing of DINP, manufacturers selling vinyl gloves containing DINP in California are required to put a warning on the vinyl gloves packaging stating that “this product contains a chemical known to the state of California to cause cancer.”

Will this affect you, or your business?

Any product exposure to DINP after December 20, 2014 must be preceded by a clear and reasonable warning or the manufacturer, distributor or retailer risks being in violation of Prop 65. 

This exposure extends along the entire distribution chain, with the retailer, distributor, importer and manufacturer all being subject to possible penalties.

In summary, if you are using vinyl gloves which are not Proposition 65 compliant, you must provide a clear and reasonable warning to your customers of their product exposure to DINP - otherwise you risk being in violation of Prop 65.