Warning Requirement Takes Effect December 20 for Products Sold in California

  • Following the addition of Diisononyl phthalate (DINP) to the list of chemicals known to the State of California to cause cancer for purposes of Proposition 65, retailers are confirming that their products do not contain DINP before the warning requirement takes effect on December 20, 2014 – or preparing to sell those products with a Prop. 65 warning in California.
  • DINP is a phthalate that is used as a plasticizer to increase the plasticity or fluidity of a material. DINP is used in a wide array of soft plastic and vinyl products, including footwear and fashion accessories, apparel, school supplies, shower curtains, bath mats, and other home accessories, vinyl flooring, and electrical wire and cables.
  • Any products that have been the subject of a 60-day notice of violation for Di (2-ethylhexyl) phthalate (DEHP), searchable at http://oag.ca.gov/prop65/60-day-notice-search, are also likely candidates for DINP.
  • As with DEHP, any product containing DINP in an amount greater than .1 percent is likely to be subject to the warning requirement or potential liability under Prop. 65, which carries significant penalties of up to $2,500 per day for each violation.
  • In addition to DINP and DEHP, four other phthalates are on the California list of chemicals requiring a warning prior to exposure: Di-n-butyl phthalate (DBP), Di-n-hexyl phthalate (DnHP), Butyl benzyl phthalate (BBP), and Di-isodecyl phthalate (DIDP).

DINP Already Banned in Children’s Toys and Child Care Articles

  • Since February 2009, DINP in any amount greater than .1 percent has already been banned in children’s products under the federal Consumer Product Safety Improvement Act (CPSIA).