The Toy Industry Association is recommending that its members include warning labels on products containing diisononyl phthalate (DINP). The trade group notes that no “safe harbor” level for DINP has been established by California’s Office of Environmental Health Hazard Assessment (OEHHA) since the chemical was listed.
The association recommends that companies with products containing any amount of the substance should include warning labels to comply with Proposition 65. The Prop. 65 warning requirement for DINP takes effect on December 20, 2014.
It is widely anticipated that DINP, which is often used as an alternative to other phthalates will be a major target for Proposition 65 citizen enforcers.
OEHHA last year added DINP to the Proposition 65 list of carcinogens after the state’s Carcinogen Identification Committee considered the scientific evidence for listing DINP. The committee determined the scientific data “clearly’ shows” DINP causes cancer.
DINP is one of more than 800 chemicals listed by the state as causing cancer or reproductive or developmental harm. OEHHA has established Safe Harbor limits for approximately 300 of the chemicals.
Warning requirements may apply to chemicals that have no Safe Harbor limit, causing some companies to include warnings preemptively, while others take their chances.
Under the federal Consumer Product Safety Improvement Act (CPSIA), DINP is restricted to maximum levels of 0.1% or 1,000 parts per million (ppm).
DINP is restricted in children’s products and components that may be put in a child’s mouth. It does not apply to inaccessible components.
In July, the Consumer Product Safety Commission’s Chronic Hazard Advisory Panel (CHAP) recommended that CPSC’s temporary restrictions on DINP be made permanent.
DINP is a general purpose plasticizer used in a wide array of products including toys, roofing materials, wire and cable insulation, vinyl flooring, coated fabrics, garden hoses, tubing, automobile under coatings, footwear, gloves and stationery. Phthalates are commonly found in paints, lacquers, inks, rubbers and sealants.
California law restricts the sale and distribution of toys and child care products with DINP concentrations that exceed 1,000 ppm.