U.S. – California: PFOA and PFOS added to the Proposition 65 List

Vol. 999 | 17 Nov 2017

On November 10, 2017, the California EPA Office of Environmental Health Hazard Assessment (OEHHA) added perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) to the Proposition 65 list of chemicals known to the state to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65.

Exposure that takes place less than 12 months subsequent to the listing of the chemical is exempt from the California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65), warning label requirements. Hence, starting November 10, 2018 under Prop 65, companies with 10 or more employees manufacturing, distributing or selling the product(s) containing PFOA or PFOS where the exposure to PFOA or PFOS is over the “safe harbor level” will be required to provide a clear and reasonable warning for that product.

The four listing mechanisms for adding chemicals to the Proposition 65 list are: through a review and assessment by the “State Qualified Experts,” listing by an “Authoritative Body,” requirement by an agency of the state or federal government that a chemical be labeled or identified as causing cancer or reproductive toxicity, and the chemicals identified by the California Labor Code as causing cancer, birth defects, or other reproductive harm.

PFOA and PFOS have been listed via the authoritative bodies’ listing mechanism based on the formal identification by the US Environmental Protection Agency (US EPA), an authoritative body, that the chemicals cause reproductive toxicity.

PFOA and PFOS are surfactants that have been used in a variety of consumer products, including carpets, textiles, leather, non-stick cookware, and paper coatings used in food packaging, to confer stain, grease and water resistance properties.

Chemical	CAS No.	Endpoint
Perfluorooctanoic acid (PFOA)	335-67-1	Developmental toxicity
Perfluorooctane sulfonate (PFOS)	1763-23-1	Developmental toxicity

Notice of listing: https://oehha.ca.gov/proposition-65/crnr/chemicals-listed-effective-november-10-2017-known-state-california-cause

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1-630-209-9265) or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-312-906-7720).