Beginning December 20, 2014, the Proposition 65 warning requirement for diisononyl phthalate (DINP) becomes effective. DINP is used as a plasticizer in a number of products, and also is used in sealants, paints and lubricants. Businesses must be mindful of the upcoming warning requirement date and ensure that they have done what they can to avoid a Proposition 65 lawsuit.
The California Office of Environmental Health Hazard Assessment listed DINP as a carcinogen in 2013, under the state’s qualified experts mechanism, amid objections from a number of stakeholders. The American Chemistry Council filed a lawsuit against OEHHA in June 2014 seeking to remove DINP from the list. That lawsuit remains pending.
Notwithstanding the pending legal challenge, the DINP listing remains effective. For previous phthalate chemical listings, Proposition 65 bounty hunters have lost no time issuing 60-day notices of violation after the listings’ effective dates. Likewise, businesses should lose no time now getting ready to address this new warning requirement.