Key Proposition 65 Chemicals. There are over 850 chemicals on the list and testing products for each would be cost prohibitive. However, there are some key chemicals to be concerned with and have been the primary chemicals alleged in Proposition 65 enforcement actions.
Lead and Cadmium. Two of them are lead and cadmium because they are easily detected and have been used in metal alloys including solder, plastics, and pigments. According to the California Attorney General’s website, there have been over 4500 notices of intent to sue since 1988 to mid-2011 for consumer products containing lead and/or cadmium. These products include hand tools, handbags, wallets, vinyl coated notebook, electrical cords, decorated glassware, clothing, and baby toys. Plaintiffs often screen products using a portable x-ray fluorescent (“XRF”) analyzer which can detect heavy elements such as metals. XRF analyzers provide an inexpensive, fast and non-destructive method to screen consumer products although care must be taken to assure proper operation of the instrument. If one of the key chemicals is detected by XRF, the plaintiff can then send the product out for laboratory testing which is costly, time consuming, and destroys the product.
Phthalates. XRF analyzers can also detect chlorine, and chlorine is present in polyvinyl chloride or PVC. PVC itself is brittle, and plasticizers are used to soften PVC. The common plasticizers are chemicals called phthalates, and five of the most common phthalates are listed Proposition 65 chemicals. According to the California Attorney General’s website, since 1988 to mid-2011, there have been over 500 notices alleging exposure to Proposition 65 phthalates in a wide variety of products including vinyl coated wires, hand tools, garden hoses, sporting goods, wallets, belts, and shoes.
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