ACC Files Appeal Against DINP Designation

The American Chemistry Council (ACC) has appealed a California court decision to refuse the reversal of the designation of the phthalate DINP as a chemical known to the State of California to cause cancer, according to ChemicalWatch.  The ACC contends that there is insufficient evidence to demonstrate that DINP causes cancer in humans.

Under Proposition 65 law, companies offering products for sale in California that contain chemicals known to cause cancer and/or reproductive harm must provide consumers with a health hazard warning.  California’s Office of Environmental Health Hazard Assessment (OEHHA) designated DINP as a chemical known to cause cancer in December 2013, and companies had one year to comply with the health hazard warning regulation.

DINP is a phthalate plasticizer, often used in PVC applications such as gloves, cables, PVC hoses, shoe soles, and soft and flexible toys.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.