ATS is equipped and accredited by the Consumer Product Safety Commission (CPSC) to perform phthalate analysis. We perform the testing per CPSC-CH-C1001-09.3 and we work with a board certified toxicologist to assess elevated phthalate results against the daily allowable limits set forth by California Proposition 65.
California Proposition 65 continues to be an evolving list of chemicals that are regulated in the state of California. The list is updated annually and now reaches almost 800 chemicals. It started as an enforcement act to ensure the drinking water in California was free of chemicals that cause cancer, birth defects or other reproductive harm. The main objective of the law is to make consumers aware of products containing chemicals that are known to cause cancer or reproductive harm. In an effort to properly inform consumers, California Proposition 65 requires warning labels to be affixed to products containing the listed chemicals above daily specified limits. For the full list of chemicals, please click on the following link:
In recent months ATS has noticed an increase in enforcement for phthalates on the California Proposition 65 list. The phthalates found on the California Proposition 65 list are as follows: DEHP, DBP, BBP, DIDP, and DNHP. The heightened interest is around a particular phthalate, DEHP. Regulatory authorities and consumer advocacy groups are identifying those in violation of California Proposition 65 for phthalate DEHP. If products are believed to contain this regulated phthalate in elevated amounts, these groups are checking the packaging to see if the appropriate warning label is affixed to the product. If the product does not contain the appropriate warning label, the business may face legal action. The key factor is to determine if the product is above the daily limit set forth. Currently there are two daily allowable limits for DEHP based upon the potential risk it poses as either a carcinogen or reproductive toxicant. The product is considered carcinogenic if more than 310 micrograms/day is ingested and it is considered a reproductive toxicant if more than 410 micrograms/day is ingested. Therefore, if chemical testing (on for instance a Gas Chromatograph/Mass Spectrometer) reveals that a sample contains a high detectable amount of DEHP, it is recommended that the product be subjected to a toxicological risk assessment by a toxicologist to determine if a warning label is necessary for the product to be in compliance with California Proposition 65. Therefore, determining product compliance is not as straightforward as the Consumer Product Safety Commission (CPSC) limits established for phthalates in children’s toys and childcare articles. For these federally regulated phthalates, which are DEHP, DBP, BBP, DINP, DIDP, and DnOP, a sample is analyzed and it is determined if it passes/fails with the limit being 1,000 parts per million (ppm) for each of all 6 phthalates.
In addition to California Proposition 65 and the CPSC, phthalates are also regulated on the expanding REACH SVHC list which is regulated by the European Chemicals Agency. To view the full list click on the following link: echa.europa.eu/web/guest/candidate-list-table.
Feel free to contact our lab for additional information regarding testing to meet current and future regulatory requirements. Our laboratory is accredited by the American Association for Laboratory Accreditation (A2LA), certificate number 1888.01 and 1888.02. Additionally, we are a CPSC accredited lab, our laboratory identification number is 1030.