Ophthalmic Industry Still Targeted by California’s Prop 65, Vision Council Says


ALEXANDRIA, Va.—Consumer Advocacy Group, Inc. continues to serve 60-day notices against retailers, distributors and manufacturers of sunglasses for alleged violations of California's Proposition 65, according to a warning from The Vision Council to its members. Prop 65, a California state environmental law, regulates against the presence of certain substances in products sold or used in California unless those products contain warning labels informing potential customers of the presence of those substance(s) and that those substances can cause cancer, birth defects or reproductive toxicity.

The substance common to the most recent batch of notices is the phthalate di (2-ethylhexyl), which goes by the acronym "DEHP,” a general use plasticizer used to make plastics, in particular polyvinyl chloride, soft and pliable. Over the past few years, several cases have been brought based on allegations that certain eyewear, including sunglasses and reading glasses, are in violation of Prop 65, resulting in several members of The Vision Council being subject to such suits. To read the memorandum that was issued to members of The Vision Council warning of these legal actions, click here.

Companies doing business in California should confirm that their quality and control testing procedures include testing for DEHP. According to The Vision Council, “If your products contained this phthalate and those products were or will be introduced into California's commerce without a sufficient warning label, then you should be mindful of potential Prop 65 enforcement and consider steps to minimize your risks.”

The Vision Council will be tracking this development and updating the members accordingly. Any questions can be forwarded to The Vision Council's Regulatory Counsel, Rick Van Arnam at rvanarnam@barnesrichardson.com, or Jason McElvaney, Government & Regulatory Affairs liaison, at Jason@mcelvaneypublicaffairs.com.

Members interested in learning more about Prop 65 should click here.