ECIA Advisory Discusses Implications of California Proposition 65  for Electronics Industry Supply Chain

Atlanta, GA – ECIA’s Global Industry Practices Council (GIPC) has compiled information to encourage members to consider measures surrounding Proposition 65 in California. 

According to the Advisory, the original Proposition 65 Safe Water and Toxic Enforcement Act was passed by California ballot in 1986 in the interest of protecting consumers from substances that cause cancer and reproductive harm. Since then over 900 substances have been identified by the California OEHHA (Office of Environmental Health Hazard Assessment) as a risk to public health, and the list grows with annual updates.The law has engendered a substantial increase in litigation among the tort bar in California. Prop 65 has simple claim requirements and shifts the burden of proof to defending companies. Over $25 million in settlements were awarded in 2017 and litigation is on a pace to nearly double that in 2018, and that’s before new tougher Labeling and Warning requirements approved in 2016 go into effect on products manufactured after August 30th and sold in California.

The electronics industry is at risk because within the list of over 900 substances on the current OEHHA list there are estimated to be over 100 found in electronic components and products. Components or products available to consumers or exposed to workers in California must be labeled if those products contain any of the listed substances and exceed “safe harbor” levels, which are defined by the OEHHA with complex and technical exposure criteria.

The ECIA GIPC (Global Industry Practices Council) and their Environmental SMEG (Subject Matter Expert Group) have been looking into this issue. A recent survey of ECIA members found that current written positions may not fully reflect the requirements of the law, or the substance list, or the required toxicology data.

The complete ECIA Advisory document is available here. Members are advised to login first to access more information on that page, including a powerpoint with distributor and manufacturer considerations.