Prop 65 on Chromium VI of Leather Products

About California Proposition 65

California Proposition 65(Prop 65) is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a ballot initiative passed overwhelmingly by Californian residents in November 1986. This unique right-to-know law requires the state to publish a list of chemicals that are known to cause cancer, birth defects and/or reproductive harm. First published in 1987, the list has evolved to over 900 chemicals. The law requires businesses offering products or services in California that may expose a person to a listed chemical above a safe level to provide a “clear and reasonable” warning prior to such exposure.

Chromium(VI) ‘s Harm

Chromium (hexavalent compounds, Cr (VI)) has been listed as a chemical to cause cancer, birth defects, and other reproductive toxicity since 1987. Chromium is the most versatile tanning agent. However, under certain production and storage conditions, chromium III can be converted to chromium VI, which can easily trigger allergic reactions and cause skin ulcers, tumors or even skin cancer.

Recent Enforcement

There has been no settlement on Cr (VI) on textiles, footwear or accessories products since then. Since the beginning of last year, there have been many 60-day notices issued in relation to the presence of Cr (VI) in leather goods. Among them, two 60-day notices led to a settlement and a consent judgement issued to address consumer exposures to Cr (VI) in leather gloves. These enforcements require a clear and reasonable warning label to be displayed on the covered leather gloves that contain Cr (VI). Recently, hexavalent chromium compounds has become a frequent Prop 65 target for gloves made with leather. It is alleged that some leather gloves in the market contain hexavalent chromium compounds, which are considered under the law to pose a risk to the consumer. As part of Prop 65, businesses selling products in California must provide “clear and reasonable warning” before knowingly exposing people to any chemical on the list, unless the expected level of exposure would pose no significant cancer risk.

The 60-day Notice of Violation is a legal document that often leads to settlement negotiations. Once the relevant settlement agreement or judgment is reached, it is required that the product manufacturer either reformulate the product or provide a warning label.