Cal Prop 65 update: court hearing challenging listing of DINP scheduled for February 20

Brussels, 18 February - Effective 20 December 2013, the California Office of Environmental Health Hazard Assessment (Cal. OEHHA) added DINP to the list of chemicals known to the State of California to cause cancer.

Contrary to the listing in the US, the official EU Risk assessment, where the full toxicological data have been evaluated, concluded that the data do not warrant a cancer classification as the results identified in the rodent (rats and mice) studies with DINP are not relevant to humans.

On 19 December 2014 the California Office of Environmental Health Hazard Assessment (OEHHA) proposed a “No Significant Risk Level (NSRL)” for DINP under Prop 65.  The proposed level is 146 μg/day, so a warning label is required since December 2014 for any products which expose consumers to more DINP than that threshold. Note that the OEHHA-proposed NSRL is significantly lower than the American Chemistry Council (ACC)-proposed NSRL (2664 μg/day) mainly due to the fact that a factor of 10 which has been used in the past for other substances showing peroxisome proliferation that is not relevant to humans was not taken into account.

  • The NSRL proposal by OEHHA provides a comment period that lasts through March 11, 2015.
  • We are convinced many consumer exposure levels are below the proposed OEHHA NSRL. For typical exposure scenarios the conservative ACC workbook tool calculated exposure levels ranging from 0-29 μg/day, i.e. levels below the proposed NSRL. Users should consider comparing their calculated exposure levels for their specific products and applications to the new OEHHA NSRL in order to decide whether a label is required.

The next court hearing for DINP listing is now planned for February 20.

ACC is continuing to work towards legally addressing the listing of DINP on Prop 65.

Regarding the lawsuit to remove DINP from Prop 65 more information can be found at: