proposition 65 requires businesses to inform consumers in the state about significant amounts of listed chemicals in consumer products, food, drugs and other goods. this requirement is generally fulfilled by labelling products with a warning statement, which may include such language as "warning: this product contains a chemical known to the state of california to cause cancer, birth defects or other reproductive harm."
the settlement is also significant because ceh has successfully used proposition 65 to persuade a growing number of california retailers to lower or eliminate certain heavy metals and other toxic substances from their products. this level of success is likely to spur additional legal actions by ceh and possibly others in the future, not only against products containing lead but also potentially cadmium, phthalates and other chemicals.
among other things, the consent agreement that has been submitted to the court requires the settling defendants not to purchase, import, manufacture or supply to an unaffiliated third party any covered product that will be sold or offered for sale to california consumers that exceeds the following lead limits.
1.90 parts per million for paint or other surface coatings on accessible components from 1december 2010.
2.600 ppm for leather (including composited leather) accessible components from 1 december 2010, falling to 300 ppm from 1 december 2011. in the alternative, covered products containing multiple patches of different scrap leathers may be sold with one of the following two
warnings.
a.warning: this product contains lead, a chemical known to the state of california to cause
birth defects or other reproductive harm. do not allow children to mouth or chew;
b.warning: this product contains lead, a chemical known to the state of california to cause
birth defects or other reproductive harm. do not mouth or chew.
3.300 ppm for polyvinyl chloride accessible components from 1 december 2010, falling to 200 ppm
from 1 december 2011.
4.300 ppm for all other accessible components other than cubic zirconia, crystal, glass or
rhinestones from 1 december 2020.
5.beginning on 1 december 2011 a settling defendant must not sell or offer for sale in california
any covered product that exceeds the lead limits specified above that entered into force on 1
december 2010.
6.beginning on 1 december 2012 a settling defendant must not sell or offer for sale in california
any covered product that exceeds the lead limits specified above that entered into force on 1
december 2011. these dates are extended by one year with respect to belts and footwear.
7.the compliance dates above are extended by one year with respect to belts and footwear.
the settling defendants have also agreed to pay a specific monetary settlement within 15 days after the entry into force of the consent agreement. in addition, the consent agreement includes an "opt-in" clause that allows other retailers to join in the settlement.
