California Proposition 65 (Prop 65) settlement and consent judgements issued in relation to two 60-day notices concerning consumer exposure to chromium IV (Cr (VI)) in leather gloves.
Cr (VI) has been on the Prop 65 List of chemicals known to cause cancer, birth defects and/or reproductive harm since 1987. Chromium is a versatile tanning agent but under certain production and storage conditions, chromium III can convert into Cr (VI), which can trigger allergic reactions and cause skin ulcers and tumors, and skin cancer.
Theses settlement and consent judgements were among a number of 60-day notices that have been issued in relation to Cr (VI) in leather goods during recent months. They require manufacturers or distributors of leather gloves containing Cr (VI) to provide a ‘clear and reasonable warning’ (Prop 65 Warning).
The Prop 65 Warning can either be in long form or short form:
Long form, with a warning symbol at the start:
WARNING: This product can expose you to chemicals including chromium (hexavalent compounds), which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go towww.P65Warnings.ca.gov.
Short form, with a warning symbol at the start:
WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov.
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 the Prop 65 List and, unless exempted, businesses operating in California must provide a Prop 65 Warning before knowingly and intentionally exposing anyone to a substance on that list. Companies have twelve months to comply with this requirement once a substance is included in the Prop 65 List.
A 60-day Notice of Violation is a legal document that often leads to settlement negotiations. It should be noted, Prop 65 settlements are consent agreements between the parties named in the settlement. Parties not named in a settlement are not bound by it, but it is advisable for all businesses operating in California to stay aware of them to help avoid potential future problems.
SGS Softlines Services
SGS has a worldwide network of over 40 state-of-the-art laboratories specializing in testing of apparel, footwear, and home textiles. Their committed team is drawn from multi-disciplinary backgrounds, allowing them to carry out a comprehensive range of physical, chemical, and functional testing services for components, materials and finished products. SGS helps companies ensure quality, performance, and compliance with international, industrial, and regulatory standards worldwide. Learn more about SGS’s Softlines Services.
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