California Designates Diisononyl Phthalate as Known Carcinogen
Effective today, California’s Office of Environmental Health Hazard Assessment (OEHHA) designated the common plasticizer Diisononyl Phthalate as known to cause cancer.
When OEHHA, the state agency responsible for implementing Proposition 65, designates a chemical as known to cause cancer and/or reproductive harm—thus adding the chemical to the State’s list of chemicals known to cause such harm—such chemical becomes subject to the “clear and reasonable warning” requirement of Proposition 65. Under Proposition 65, businesses offering products for sale in California containing chemicals known to cause cancer or reproductive harm must first provide consumers with a health hazard warning. This warning requirement is the legal mechanism that enforces the public’s right to know when products contain such chemicals. Companies have a one-year grace period after a chemical has been designated as known to cause cancer or reproductive harm to comply with the warning requirement. Thus, companies that offer products containing DINP for sale in California, have until December 20, 2014 to comply with the warning requirement of Proposition 65.
DINP is a general purpose plasticizer commonly used to make vinyl and plastic materials softer and more pliable, and is found in vinyl flooring, wire and cable insulation, stationery, coated fabrics, gloves, toys, tubing, garden hoses, footwear, automobile undercoatings and roofing materials.
OEHHA’s Carcinogen Identification Committee identified DINP as a known carcinogen based on animal studies showing that oral exposure to DINP increased the incidence of liver tumors, islet cell tumors of the pancreas and mononuclear cell leukemia in male and female rats; kidney tumors in male rats; testicular cell cancer in male rats; and uterine tumors in female rats.
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.