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Prop 65CaliforniaVinyl bags

Do vinyl bags need a Prop 65 warning?

Updated

Short answer

Only if the material exposes users above safe harbor levels, which flexible PVC often can.

Flexible vinyl (PVC) gets its softness from plasticizers, and several common ones are on the Prop 65 list: DEHP for cancer and reproductive toxicity, DINP for cancer, plus DBP and BBP for reproductive toxicity. PVC can also contain lead stabilizers. A business with 10 or more employees selling vinyl handbags, totes, cosmetic bags or backpacks into California must warn if handling the bag exposes people above the safe harbor level. A bag made with non-listed plasticizers and no lead may need no warning at all.

What changes the answer

  • Plasticizer choice. Bags made with DOTP, DINCH or citrate plasticizers avoid the listed phthalates, but confirm with a test, since recycled PVC and colorants can bring in DEHP or lead.
  • Exposure route. Bags are handled every day, so hand contact and hand-to-mouth transfer are the main routes.
  • PU and other materials. Polyurethane leather does not usually rely on phthalate plasticizers, but coatings, foams and trims can contain listed chemicals. Test the finished bag, not just the main fabric.
  • Kids bags. A vinyl bag marketed to children 12 and under is also a children's product under federal law, with lead limits. Phthalate limits apply if it is a toy or child care article.
  • Small business. Businesses with fewer than 10 employees are exempt from Prop 65 warnings.

What to do

  1. Ask the supplier which plasticizer and stabilizer are used in every PVC part: body, handles, piping and zipper tapes.
  2. Test the accessible PVC parts for listed phthalates and lead, and compare with safe harbor levels or a documented exposure assessment.
  3. If a warning is required, use 27 CCR 25603 content naming at least one chemical for each endpoint, such as DEHP for cancer and reproductive harm, on the hang tag or label.
  4. Repeat it online on the product page, through a "WARNING" link, or before checkout, and give written notice to retailers under 25600.2.
HTS lines for vinyl bags
  • 4202.22.15.00

    4202: Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper

    Handbags, whether or not with shoulder strap, including those without handle / With outer surface of sheeting of plastics or of textile materials / With outer surface of sheeting of plastics

    Handbags with outer surface of plastic sheeting.

    General rate
    16%
    Free or reduced under 18 programs
  • 4202.92.45.00

    4202: Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper

    With outer surface of sheeting of plastics or of textile materials / Travel, sports and similar bags / Other

    Travel, sports and similar bags with outer surface of plastic sheeting, other.

    General rate
    20%
    Free or reduced under 18 programs

Next steps

Frequently asked questions

Is a Prop 65 warning required for every PVC product?
No. The warning duty depends on exposure to a listed chemical above safe harbor levels. PVC made without listed phthalates or lead may need no warning.
What wording should I use for DEHP?
For a full label warning: the triangle symbol, "WARNING:" in bold capitals, then "This product can expose you to chemicals including DEHP, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov."
Does a marketplace like Amazon handle the warning for me?
Under 27 CCR 25600.2 the manufacturer, importer or distributor is primarily responsible. Provide the warning in your listing and on the product, and keep records of what you supplied.

Sources

  1. Proposition 65 in Plain Language, California OEHHA
  2. Proposition 65 regulations, 27 CCR 25600 to 25607 (warnings), California OEHHA
  3. List of Proposition 65 chemicals, California OEHHA

This is general information drawn from the official sources linked above. It is not legal advice. Rules change and often turn on the facts of your product, so confirm your test plan with an accredited lab and your obligations with qualified counsel before you import or sell.