60-Day Notices for Phthalate DINP Can Begin on December 12, 2014

As previously reported, Diisononyl phthalate (DINP) was added to the Proposition 65 list on December 12, 2013.  This means under the Proposition 65 regulations that plaintiffs can begin serving companies with Proposition 65 notices one year from the listing, or starting December 12, 2014 – just a few months away.

This is a good time to double check your supply chain.  If you are a manufacturer, distributor or retailer of plastic goods, particularly clothing and footwear, but also plastic toys and outdoor items, you likely are dealing with products that contain plasticizers to help them bend.  Several waves of phthalate litigation and settlements in California over the last several years have involved hundreds of companies setting and agreeing to reformulate and sell products that contain less than 1,000 parts per million, each, of certain phthalates such as DEHP, DBP and BBP.  These settlements were entered into before DINP was listed, however.  Hence, even though companies may have settled and agreed to reformulate for other phthalates, that agreement is only as to the chemicals listed in the settlement.  If DINP was not one of them – and it likely was not, given it is not effective to be noticed on until December 12 – it is fair game come December for plaintiffs to serve notices if that phthalate is in their products.