Suppliers of latex resistance bands are reminded of two recent California Proposition 65 (Prop 65) 60-day notices that have been issued relating to the substance N-Nitrosodiethylamine (NDEA).

Prop 65, or the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, is a unique piece of legislation passed in November 1986. It requires the state to maintain a list of chemicals (Prop 65 List) known to cause cancer, birth defects and/or reproductive harm. Unless exempted, businesses operating in California must provide ‘a clear and reasonable warning’ (Prop 65 Warning) before knowingly and intentionally exposing anyone to a substance on the Prop 65 List, which now contains around 900 chemicals. Companies have twelve months to comply with this requirement once a substance is included in the Prop 65 List.

NDEA was included in the Prop 65 list in October 1987 as a chemical that can cause cancer. It is used in lubricant additives and plastic stabilizers and can be a by-product from the manufacture of elastomeric materials.

The two 60-day notices of violation relating to NDEA and latex exercise bands were issued in April 2021. In both cases they were issued to businesses for alleged violations of Prop 65 Warning requirements.

In most cases, 60-day notices of violation result in a settlement negotiation, with both parties agreeing to a reformulation or redefined concentration requirement. Stakeholders should be aware that any settlement agreement that is reached will not be legally binding on businesses not named in the settlement. However, settlement agreements can act as a guide to help them avoid future legal problems.

SGS Prop 65 Services
With a global network of laboratories, SGS can offer comprehensive testing, product assessment and consultancy services related to California Proposition 65. SGS can assist your risk management strategy in consumer goods, such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS’s Prop 65 Services. [www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/california-proposition-65]

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full California Proposition 65: 60-Day Notices on NDEA in Latex Resistance Bands SafeGuardS. [www.sgs.com/en/news/2021/05/safeguards-06621-california-proposition-65-60-day-notices-on-ndea-in-latex-resistance-bands]

Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Dr. HingWo Tsang
Global Information and Innovation Manager
Tel: (+852) 2774 7420
Email: [email protected]
Website: www.sgs.com/hardlines
LinkedIn: sgs-consumer-goods-&-retail

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