Warning Requirement for Phthalate Takes Effect December 20, 2014

  • California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that it is adding diisononyl phthalate (DINP) to the list of chemicals known to the State to cause cancer for purposes of Proposition 65. The warning requirement will take effect on December 20, 2014.
  • 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 electrical wire, cables, coated fabrics, auto parts, vinyl flooring, gloves, footwear, school supplies, and roofing materials.
  • With its listing, DINP joins five other phthalates 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), Di (2-ethylhexyl) phthalate (DEHP), and Di-isodecyl phthalate (DIDP).
  • After the warning requirement takes effect, retailers who sell products containing DINP without a Prop. 65 warning in California may be subject to significant penalties of up to $2,500 per day for each violation. Retailers should start now to ensure that they can comply by December 20, 2014.

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

  • Since February 2009, DINP has been banned in children’s products under the federal Consumer Product Safety Improvement Act (CPSIA).
  • The CPSIA prohibits using DINP in any amount greater than .1 percent in a toy (intended for children 12 and under) that can be placed in a child’s mouth, or in child care articles, defined as products designed or intended to facilitate sleep or the feeding of children age 3 years and younger, or to help such children with sucking or teething.