A new Prop 65 notice has been issued for the manufacturers of the Buy Buy Baby product. The Prop 65 notice was addressed to the president and CEO of that company, alleging that a citizen in California is doing everything possible to act in the interest of the general public because of the exposure to potentially hazardous substances listed under the Proposition 65 law in the state.
Buy Buy Baby Allegedly Contains Phthalates
Proposition 65 may also be referred to as California Safe Drinking Water and Toxic Enforcement Act of 1986. Under the law, clear and responsible warnings need to be adhered to any product that contains materials listed on Prop 65, a collection which is updated at least annually. According to the Prop 65 notice, without such a reasonable warning attached to the package, consumers cannot make it an informed decision about selecting a product.
Dangers of DEHP
The warning relates to phthalate known as DEHP. This is a chemical known to cause developmental male reproductive toxicity. The purchase acquisition handling a recommended use of the product exposes consumers to DEHP. If that product is inhaled or ingested, it could lead to medical conditions flagged by the state of California as problematic for consumers.
The product can also be expected to emit a gas version of DEHP into the air and dermal absorption may also occur through direct skin contact. Furthermore, the Buy Buy Baby Prop 65 notice names that an indirect source of dermal transfer may also occur and that it could contaminate other articles with enclosed spaces such as a carrier or a stroller.
Buy Buy Baby products include baby supplies. The notice names the Fridababy Bitty Bundle of Joy, which includes various hygiene products designed for babies sealed in a clear plastic case.
These could be ingested, worn, handled or mouthed by those who use the product. According to the Buy Buy Baby Prop 65 notice, these ongoing violations have occurred at least every day since Oct. 23, 2017, in addition to every day since the product was originally introduced to the California marketplace.
According to academic and medical research, phthalates like those found in the Buy Buy Baby product are industrial chemicals that are used as solvents in cosmetics and other consumer products. They may also be used to soften PVC plastic in other products.
When a person is exposed to DEHP, it can lead to damage to the reproductive system, the lungs, the kidneys, and the liver. Multiple government agencies have already reported that patients might be exposed to high levels of DEHP depending on the medical devices being used with the patient. Outside of healthcare settings, however, consumers may be exposed to this substance in products. California law requires that manufacturers tell consumers about these risks on the labeling of the product. Some companies are already looking into safer alternatives with which to make products so as to remove the DEHP risk for consumers.
If you believe that you have recently come into contact with a product that violates Proposition 65 in California, you may be eligible to hold the company responsible and to warn other consumers about the risks by consulting directly with an experienced legal team. Schedule a consultation today with the lawyers at Bradley/Grombacher.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.