Sunday, June 13, 2010

Toxic Purses?

Earlier this week I saw a news piece on Headline News about toxics in handbags. It mentioned how over time as you get to love your handbag, i.e., the more it is worn, the greater the risk of releasing chemicals which were not on its surface thereby exposing yourself to them.

In an effort to reduce shopper concerns, retailers including Saks Fifth Ave., Target, TJMAXX, and many others, all agreed (according to Headline News) to not sell products with contaminants in them.

But how does a retailer actually prevent this? And given the nature of manufacturing in today’s modern world, how can exposure to toxics (which lie beneath the surface) over a certain amount of time be avoided?

At the federal level, the Consumer Product Safety Commission (CPSC) has regulations regarding maximum levels of certain chemicals, such as Lead and Pthalates in consumer products. CPSC has also found lead to not be naturally occurring in certain articles, like cotton.

On top of federal regulations, however, some states, like CA, have taken matters into their own hands when it comes to the protection of consumers. It has done this through a law that came out in the 1980s (and is gaining renewed momentum) called Proposition 65.

Proposition 65 requires businesses to warn people about significant amounts of chemicals in the products they make where that chemical is both (1) known to cause cancer, birth defects or other reproductive harm, and (2) is listed on the “Prop 65 List.”
California’s Prop 65 in its simplest terms, requires a label where a product contains a chemical compound that exceeds the Safe Harbor Level. Safe Harbor determinations are based on a person’s exposure to a chemical, assuming daily exposure at that level.

The warning to consumers is typically done via the placement of a “warning label” directly onto the merchandise itself.

Retailers and importers therefore, need to test their products (typically done at the production level) for the existence of these chemicals and, if found, are subject to the label requirement.

As for which parts to test, merchandise is subject to testing for all parts to which a user may come into contact with, or otherwise be exposed to. Therefore, all outer and inner surface materials require testing.

With all of the recent buzz around the existence of chemicals in consumer products, namely with lead, phthalates and cadmium, I decided to look into the Proposition 65 rules regarding these 3 chemicals.

While stated in simple terms, there are technically several subdivisions of each of these chemicals, only a handful of which are on the Prop 65 List and therefore, subject to testing. They are:

5 Listed Phthalates:

Di(2-ethylhexyl)phthalate) (DEHP)
Di-n-butyl phthalate (DBP)
Di-n-hexyl phthalate (DnHP)
Butyl benzyl phthalate (BBP)
Di-isodecyl phthalate (DIDP)

4 Types of Lead:

Lead
Lead acetate
Lead phosphate
Lead subacetate

1 Type of Cadmium

Cadmium

California’s Office of Environmental Health Hazard Assessment (OEHHA) provides a list of “Safe Harbor Levels,” of which there are 2 types (NSRLs and MADLs (defined below)). These levels are intended to assist in determining whether warnings are required on products for exposures to the listed chemicals because if those levels are exceeded, a label is required.

According to Susan Luong of the Prop 65 Office, however, they are not intended to provide a “maximum acceptable amount” of a chemical in a product (like how CPSCs regulations provide) because there is no established allowable concentration level for listed chemicals.

In my experience working with importers who want to be compliant with state and federal laws, having limits but declaring that they are not maximums is confusing. This is because in order to be compliant, there need to be straightforward rules so that those entities subject to penalties for not following them, understand what needs to be done and can add measures to their compliance programs as appropriate.

With more companies being the target of these laws due to greater consumer awareness, it is imperative that federal and state agencies give manufacturers, importers and retailers the information they need to be compliant.

NSRL ("No Significant Risk Levels" (NSRLs) for carcinogens)
MADL ("Maximum Allowable Dose Levels" (MADLs) for chemicals that cause reproductive toxicity)


Questions/comments? Post below or email me at clark.deanna@gmail.com

33 comments:

  1. I just bought a Diane Von Furstenberg piece of luggage with the California 65 Proposition tag on it. I don't know if I should keep it or not! The idea that cancer causing chemicals are surrounding my clothes terrifies me. Any thoughts?

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  2. Sorry for the delay in responding, I actually thought I did last week but I see that it never posted.

    A couple of thoughts on your comment but please be advised that this should not be construed as legal advice nor creating an attorney-client relationship.

    One thing to consider when deciding on whether to keep a product with a Prop 65 warning label on it would be the frequency of use as the Prop 65 law relates to exposure.

    Another point to consider is that only certain components of the luggage may have necessitated the label, for example some paint or other surface coating on the exterior could cause the requirement, whereas the fabric which lines the interior of the unit could be perfectly harmless.

    A DVF piece of luggage (which I have no doubt is really cute!) will not get the same amount of use as your wallet, for example, which is handled multiple times a day. Therefore, exposure is lower because usage is less frequent.

    In addition, depending on whether you hold it by the straps or handle (if it rolls), your contact with the offending portion of luggage may be limited.

    Let me know if you decided to keep it or not and have a nice weekend!

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  3. I just bought a purse with this tag on it and the price sticker was placed over the warning. Normally, I donot look that close at a tag that I am about to remove and I think the store does not give refunds, only exchanges. I will be taking this purse right back. Your information posted here already really enlightened me. Thanks.

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  4. I purchased a Christian Audieger handbag from T K Maxx in the UK, the tags had been pulled off but saw this warning label inside attached to the lining when I got home. It is decorated with a lot of metal studs with leather trim and the main bag is nylon. Woud I now assume that thiese metal studs contain this toxic lead substance and should I return the bag and complain about this. Sh9ould the shop be even selling these products as health and safety is a hot topic of concern in the UK.

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  5. I just noticed this tag on luggage I just bought, it was small and black and I didn't notice it until I got home. I just wish they would note what chemical it is or even better where the site is. I'm a chemist so knowing this information would mean a lot to me. Without knowing, I'm seriously considering returning the bag.

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  6. To the Anonymous Posts on 15-Mar and 19-Mar:

    Sorry for the delay in responding but I have been out of the country.

    A couple of thoughts on your comments but please be advised that this should not be construed as legal advice nor creating an attorney-client relationship.

    California's Prop 65 list is extensive, that is, it not only incorporates one type of "chemical," for example, Pthalates, but has multiple varieties of the chemical.

    Pretty much everything we own is made of a chemical that at certain levels of exposure could potentially harm us. And, as you already know, most of the articles we own do not actually harm us.

    That being said, it is really a matter of your judgment to determine which risks - actual or perceived - are acceptable.

    With luggage being an article for which only occasional use is made (unlike a handbag for which daily contact is made), exposure levels are limited. In addition, I would not neccessarily think that my clothes were somehow being contaminated per se by being in the bag, as a nylon interior (where the clothes would rest) is probably not the portion of the bag which prompted the necessity of the Prop 65 warning label, but rather some part of the exterior which has paint, or metal, or some other treatment on its surface.

    For more information in the UK, I would suggest taking a look at this website to see if you can find some guidance regarding consumer product safety in your country - http://www.consumerdirect.gov.uk/

    For more information on CA's Prop 65, I have 2010 contact information for the following people who should be able to answer any questions you have, or at least point you in the right direction as to who else might:

    Susan Luong
    Proposition 65 Implementation Program
    1001 I Street, 19th Floor
    P. O. Box 4010
    Sacramento, CA 95812-4010
    (916) 445-6900
    sluong@oehha.ca.gov

    Colleen Flannery
    Legislative and External Affairs
    Office of Environmental Health Hazard Assessment (OEHHA)
    (916) 323-2395
    CFlannery@oehha.ca.gov

    Hope this helps! Deanna

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  7. Hi. I also have just purchased a nautical luggage and noticed the warning. I am too, as discussed above, hesitant on keeping it. The fact I do not know what kind of chemicals, its concentrations in the making or on the bag and connection to cause the stated health concerns really bugs me. I do understand that most things we use and have, have some kind of chemical or so forth but I wanted to ask if all luggage possess that warning and is there a potential that there are luggage with these same chemicals that do not have the warning label. Thanks

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  8. hi, I have just purchased DVF bag for school from T K Maxx in the UK. I had literally just taken off the tags when I noticed the warning about the chemicals inside. The problem is i'll be using it 5 days a week come september so I'm not sure what to do! Should I keep it? How likely is it that I will get cancer from the product? ANy help? Thanks :)

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  9. Hi, I bought my lovely DVF holdall and tore off the tags and went off on holiday only to come back and notice the little black warning tag hadn't made its way into the bin (the other labels were long gone!). It was as if it was waiting around for me to notice it! This tag was so much smaller than the other label tags and I must say I was really shocked as this is the very first time I have seen anything like this (I am based in the UK). Surely if something is toxic you just don't sell it?

    I did read a wikipedia explanation and it could be that it's just a disclaimer that is put on all items to offset litigation http://en.wikipedia.org/wiki/California_Proposition_65_%281986%29 however, I must say that if I'd have noticed this before I certainly would not have considered buying the item. This is new to me and since searching to find out more info on this warning tag I have noticed that online descriptions for DVF luggage originating from US websites clearly state the warning in the blurb, however for the UK site which I used there is no such warning so I either have to think that in the UK the limits for any of the materials involved is higher or legislation just doesn't apply in the same way (which is a little concerning in itself). Hey ho, you live and learn.

    I do not now have the option of returning the item, however Deana I must thank you so much for the your advice given above in that it may not necessarily be anthing on the inside of the holdall and that as it is only for very occasional use I can put things into perspective a little. However, as a precaution I will also 'bag' my clothes before putting them in my case so all should be well. I really cannot believe that well known brands should include any items made with chemicals above known safe limits. A real eye opener. Thanks again.
    S

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  10. It is well known that some types of vinyl made in china contain lead for some laim reason, which over time can deteriorate into dust, especially if exposed to mucn sunlight. Lead dust messes up peoples brains, especially children.

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  11. I just bought a Jessica Simpson suitcase today and noticed that tag. Before buying it I looked at other options at TJMAXX and also Kohl's an noticed that warning on those too! And they were Samsonite which is a well known brand. I may return the bag. You mentioned the outside of the bag may be the cause, but sometimes even the inside nylon (as in this bag) gives off a funny smell. But I'd like to know if the actual fabric contains the chemicals or if it's the zippers, handles and how exactly is the chemical absorbed (fumes, touching etc)

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  12. Hello,

    I'll do my best to answer your questions but without actually knowing more about the construction of the suitcase, I could not tell you if the zippers or handles contained a chemical and I also don't know if the bag itself is made of fabric or is a hard plastic.

    I can tell you however, that if the zipper is metal and not covered in a fabric (nor the handle) then chances are they are not a part of what is at issue when it comes to Prop 65.

    Since Prop 65 deals with exposure levels to chemicals in a product's surface coating that are potentially released through repetitive use - but not necessarily - you'll want to consider the frequency of use in terms of using this product.

    As I mentioned in another comment, pretty much everything we own is made of a chemical that at certain levels of exposure could potentially harm us. And, as you already know, most of the articles we own do not actually harm us.

    That being said, it is really a matter of your judgment to determine which risks - actual or perceived - are acceptable.

    With luggage being an article for which only occasional use is made (unlike a handbag for which daily contact is made), exposure levels are limited. In addition, I would not necessarily think that my clothes were somehow being contaminated per se by being in the bag, as a nylon interior (where the clothes would rest) is probably not the portion of the bag which prompted the necessity of the Prop 65 warning label, but rather some part of the exterior which has paint, or metal, or some other treatment on its surface.

    Before returning the bag, I'd consider the frequency of use and the quality of the craftsmanship of the bag against your perception of contamination when using the bag. After all, taking trips are supposed to fun and not one where you are worried about your luggage making you sick!

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  13. Someone gave me a scarf for Christmas and I just noticed the warning that it contain DEHP, don't know if I should keep it or not. Wonder if it(DEHP) can be washed away?

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  14. REgarding the above statement....."In an effort to reduce shopper concerns, retailers including Saks Fifth Ave., Target, TJMAXX, and many others, all agreed (according to Headline News) to not sell products with contaminants in them."........ I have been in a couple of Targets that have a large amount of duffle bags with the prop 65 warning on a very small sticker.

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  15. Yes, many bags and luggage will carry the Prop 65 label in CA, just as a lot of other products sold there, like ceramic dishware which is rather ubiquitous, will as well.

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  16. I am buying luggage for a family member. I went to Target in New York today and every piece of luggage in the store had the warning on it. I then went to Macy's. The only brands that did not have the warning prominently listed were Revo and Tommy Hilfiger.

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  17. Its absolutely outrageous that toxic products are even manufactured, then sold with tags that release the responsible parties from liability. I can't believe manufacturers are not boycotted, and severely fined for every sale.

    We need a list of luggage manufacturers whose products do not carry dangerous levels of toxic materials--stores that lie about their inventory should be exposed as liars, and severely fined.

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  18. Hi All,

    I just bought a tote bag today as I wanted to carry my grocery shopping in the bag. I bought it at TJ MAXX in Minnesota. When I asked about the warning, two workers (assistant and manager) informed me that it was something to do with contamination of drugs or something like that. Unfortunately I did not have my tablet with me so could not google and since I needed the bag I bought it. Now I have checked the info you have provided here and also tried to check Olympia website to establish which part of the bag has dangerous chemicals to no avail. I will therefore return the bag tomorrow. I just want to let you know that I bought the bag at T.J. Maxx and so they may have relegated their commitment in this regard.
    .

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  19. This is kind of scary. How could a handbag have dangerous chemicals on it? I really hope that the bags I have are not made of those materials. I wish I had a way to find out.

    https://prop65news.com/StoryDetails/tabid/101/ArticleID/7672/Prop-65-Warning-Regulation-Proposal-to-be-Significantly-Changed-Toxics-Chief-Announces.aspx

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  20. hi I don't know what to do i bought a brown purse from DD's Discount and when i got home I took the tags off i didn't realized that it had a Prop 65 warning on it, idk know if I should keep it or return it :(

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  21. Hi All: A couple of comments. First thanks for letting us know that you've seen certain retailers who had indicated they would not be selling such merchandise (according to the 2010 news story) are now doing so.

    Second, deciding whether to keep the bag or not is purely a personal decision. Are you using it everyday? Only when you take vacations? Are you pregnant? Do you have a particular health issue? Or do you simply feel uncomfortable having the bag due to the warning label? If the answer is yes to this last question, I think you already know what you want to do with it.

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  23. Thank you for this helpful Q&A venue. I have acquired several tote bags made in China. Three of the four bags have the Prop. 65 warning label. The fabric bags seem to be vinyl coated nylon. My question: Is it possible to launder or otherwise remove the contaminant from these bags. The manufacturer of these bags has a fairly large web site. I have not written to ask them, but I would consider any response to be suspect. Thanks, Diana

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  24. HI Diana: While I cannot speak to the specifics of your bag having never seen or analyzed it, the issue has often times been that of a potential exposure to contaminants following usage of the bag that leads to wear-and-tear, whereby the underlying chemicals were exposed. The issue was not that it had been toxic to use at the outset. That being said, washing the bag would not likely have any impact in terms of removing any toxins. Machine washing could also put stress on the bag weakening its outer coating which is supposedly safe.

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  26. I just purchased a handbag from Ross that had the prop 65 tag on it. The company is Ceeklein. How can I find out what kind of chemical and where it is located on the handbag.

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  27. Kohls is now advertising this on their bedding. In almost just bought 2 sets for my girls until I s aw w the warning. Now in wondering if it's on all bags for bedding? Can it be washed away?

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