Product Evaluation Services for California’s Proposition 65

Product analysis and risk mitigation for California Proposition 65

California Proposition 65 (Prop 65) is enforced by the California Attorney General’s Office (in addition to district attorneys or city attorneys); however, lawsuits with regards to Proposition 65 non-compliance can be filed by individuals acting on behalf of the public interest. Defendants have 60 days, from the notice of an alleged violation, to comply or face possible legal action which includes fines of up to $2500 per day per violation. Most lawsuits are resolved in settlements with agreements to reformulate the product in violation and/or add the required hazard warning.

With nearly 1,000 Proposition 65 legal actions per year, having average settlements in excess of $100K USD, companies are turning to Intertek Ageus Solutions for support. Intertek Ageus Solutions’ Prop 65 product evaluation services provide a detailed analysis of a company’s products, its potential Prop 65 exposure, and reviews and provides recommendations for managing risk within the company’s supply chain.

Intertek Ageus Solutions’ product analysis and testing services for Prop 65 include:

1. Toxicologist Risk Assessment & Test Recommendation
   • In-depth product review by a certified toxicologist in relation to Prop 65
   • Review of supplier MSDS sheets
   • Development of clearly defined test protocol for lab technicians
   • Written testing protocol recommended for:
     • High-risk substances
     • Leaching & concentration
2. Product Testing
   • Testing for high risk substances (heavy metals & phthalates) per written protocol from toxicologist
     • Completed in a certified laboratory
   • Detailed preliminary written lab report confirming test protocols followed and results, per product
     • Includes substances identified, allowable ppm limits vs. actual concentration found
3. Prop 65 Guidance Report
   • In-depth review of written preliminary lab results by a certified toxicologist
   • Detailed conclusive written report including;
     • Products tested, intended use and life expectancy
     • Testing methods used
     • Quantity of chemicals identified
     • Exposure analysis
     • Chemical content level comparison with safe harbor limits established by State of California
   • Written final summary and additional recommendations (if any)

Intertek Ageus Solutions’ experts work with companies to analyze the chemical content of products, assess risks and exposure, and provide strategies for meeting a company’s obligations under Prop 65. A Project Manager is assigned to each client in order to maximize the coordination of activities tailored to meet each company’s specific requirements for Prop 65 compliance.

Areas of focus include:

1. Procurement agreements/Supply chain management
2. Data collection
3. Data verification
4. Risk assessment
5. Material replacement
6. Traceable documentation.

The goal of Prop 65 was and is to protect the citizens of California and the State’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, as well as to inform citizens about exposures to such chemicals. Since its enactment in 1986, Prop 65 has evolved into one of the most enforced legislative requirements for material content in consumer products. As great as the concern has been over EU RoHS and related penalties, enforcement actions for Prop 65 are not only more common, but generally carried out more quickly and at a greater cost.

Experience

Intertek Ageus Solutions has implemented environmental compliance solutions for hundreds of manufacturers and distributors and provides services for the consumer and corporate electronics industries as well as chemical companies worldwide.

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