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What is California Proposition 65?
Proposition 65 is a Californian law, known as the Safe Drinking Water and Toxic Enforcement Act which came into force in 1986. Currently over 800 chemicals are listed by the State of California that can cause cancer, birth defects, or other reproductive harm. The proposition is to promote clean drinking water and control toxic substances. This regulation is not specific for any product category but is generally applied to all “relevant” products. However, policy guides directly related to textile/garment products have not yet been found.
Requirement
This Act requires that anyone in the course of doing business in the State who exposes an individual to a chemical “known to the State” to cause cancer or reproductive toxicity must first give a “clear and reasonable” warning on products. Businesses that produce, use, release, or otherwise engage in activities involving those chemicals must comply with the following:
- Clear and reasonable warnings
- Warning labels
- Prohibition from discharges into drinking water
The Impacton theTextile and Footwear Industry
Proposition 65 affects the textile industry. For example, Polyvinylchloride (PVC) better known as vinyl is a chlorinated polymer which can be found in plastic items and trims in textiles. The manufacturing and disposal of PVC often results in other highly toxic waste materials and is resistant to natural breakdown for an extended period of time. Lead is often found in PVC products and in that case, the warning would apply to all articles of clothing worn on the body. There have been previous court cases and settlements for PVC samples containing lead. For clothing made of PVC/vinyl products, lead content is regulated and cannot exceed more than 30ppm, while for bags, lead content is restricted at 200ppm.
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