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The chemical commonly known as "TDCPP" or
"Tris" [Tris(1,2-dichloro-2-proply) phosphate)] is
commonly used as a flame retardant in home furnishings (couches,
chairs, pillows, and ottomans) as well as automotive products (seat
padding, overhead liners, foams, and infant car seats). In October
2011, California's Office of Environmental Health Hazard
Assessment (OEHHA) listed TDCPP as a chemical on Proposition 65
list of chemicals.
For retailers and manufacturers selling products containing
TDCPP, this means the risk of Proposition 65 enforcement actions if
their products are not either labeled with appropriate Proposition
65 warnings or reformulated prior to October 28, 2012, when
OEHHA's one-year safe harbor on TDCPP will expire. Retailers
and manufacturers will have to balance the competing requirements
of Proposition 65 and California's Bureau of Electronic and
Appliance Repair, Home Furnishings and Thermal Insulation, which is
currently in the process of revising its four-decade-old
flammability standard for upholstered furniture (
http://www.realestatelanduseandenvironmentallaw.com/environmental-revising-flammability-standards-to-reduce-flame-retardants-in-furniture.html).
The current guideline requires furniture and children's
products to withstand igniting when exposed to an open flame for up
to twelve seconds.
OEHHA has proposed a "No Significant Risk Level"
(NSRL) for TDCPP of 5.4 micrograms per day, meaning that daily
exposure below this level would be exempt from Proposition 65.
OEHHA's decision on whether to adopt this NSRL will not be made
until after the public comment process closes on July 16, 2012.
For more information about how to navigate Proposition 65's
risks for TDCPP-containing items, contact Meredith Jones-McKeown
(mjonesmckeown@sheppardmullin.com), Betsy McDaniel
(bmcdaniel@sheppardmullin.com) or Heather Zinkiewicz
(hzinkiewicz@sheppardmullin.com).
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