California Proposition 65

California’s Safe Drinking Water and Toxic Enforcement Act (also referred to as California Proposition 65) was passed into law in 1986. The intent of the law is to protect drinking water sources from contamination from chemicals and other toxic substances linked to cancer, birth defects and other reproductive harms. It requires companies conducting business within the state to provide consumer warnings in connection with products containing or emitting any one of almost 900 listed chemicals and substances.

The California Office of Environmental Health Hazard Assessment (OEHHA) regularly reviews the list of chemicals, and can add to the list chemicals that are found to be potentially carcinogenic or mutagenic. OEHHA has also determined “no significant risk levels” (NRSLs) or “maximum allowable dose levels” (MADLs) for approximately one-third of the listed chemicals, and products with chemical concentrations below these “safe harbor” limits are exempt from the warning requirements.

For products containing chemicals without established safe harbor limits, manufacturers may choose to conduct testing to determine the actual level of chemical exposure in support of a “safe use determination.” Such an approach may help to reduce the risk of civil litigation, which is the primary means of enforcing California Proposition 65 compliance.

Although part of the U.S., the state of California is one of the largest economic markets in the world. Compliance with California Proposition 65 requirements is essential for achieving access to this major market. Equally important, failure to comply with these requirements can lead to legal action, civil penalties of up to $2500 per violation per day, and even removal of products from the marketplace. These actions can result in lost revenues and potentially damage brand and company reputations.

TÜV SÜD offers a complete range of chemical testing, certification, auditing and advisory services on regulations and standards applicable to consumer products products. Our global network of accredited laboratories can test your products to assure compliance with the requirements of California Proposition 65, the U.S. CPSIA, and other applicable national and international regulations and standards. The TÜV SÜD blue octagon certification mark is globally recognised as a symbol of product safety.

TÜV SÜD’s testing services include:

• Testing - TÜV SÜD testing laboratories are equipped to conduct all types of testing related to California Proposition 65 requirements.
• Documentation - We can review the content of your documentation and advise of any changes necessary to ensure compliance.
• Regulations - TÜV SÜD technical experts keep up-to-date on applicable regulations, and participate in a number of key industry groups and trade organizations.
• Other requirements - We can offer testing in support of California Proposition 65 requirements in conjunction with other international regulations and standards.

TÜV SÜD is a trusted partner to apparel and fashion accessory companies ranging from global manufacturers to regional and local research and development firms. Our team of specialists works with you through the entire product development cycle to add value and help you to deliver safe and reliable products. TÜV SÜD technical professionals are actively involved in international advisory boards and standards development activities, ensuring up-to-date knowledge of current and changing requirements.

Represented in over 800 locations worldwide, TÜV SÜD has an unsurpassed track record of meeting and exceeding the requirements and expectations of our client companies. The TÜV SÜD brand and our distinctive blue octagon mark are instantly recognised around the globe as symbols of quality and safety, and will increase customer confidence in your brand.