2-Ethylhexanoic acid delisted from California’s Proposition 65

Tert-amyl methyl ether and ethyl-tert-butyl ether were added to the list on 18 December 2009 and 2-ethylhexanoic acid, p,p’‑oxybis(benzenesulfonyl hydrazide), and 1,3,5-triglycidyl-s-triazinetrione were added to the list on 7 August 2009.

These five chemicals were originally added to the Proposition 65 list as causing reproductive toxicity pursuant to Labor Code Section 6382(d), which is incorporated by reference in Health and Safety Code Section 25249.8(a). Based on changes to certain federal regulations that affect the bases for the original listings, OEHHA referred these chemicals to the Developmental and Reproductive Toxicant Identification Committee (DART IC) for reconsideration. In its official capacity as the “state’s qualified experts” at a public meeting held on 21 November 2013, the DART IC determined that the five chemicals have not been clearly shown, through scientifically valid testing according to generally accepted principles, to cause reproductive toxicity and should be removed from the list. Regulations governing the listing of chemicals by the DART IC are set out in Title 27, California Code of Regulations, section 25305(b)(1).

The delisting means that polyurethane foamers will no longer need to reformulate away from the traditional tin catalysts based on the salts of ethylhexanoic acid. These catalyst create a breakdown product of 2–EHA in the final foam, and since it is on the Proposition List 65 in California, consumers require knowledge of its presence in foams through labelling. This is no longer the case.

A complete, updated chemical list is published in this issue of the California Regulatory Notice Register and is available on the OEHHA website at http://www.oehha.ca.gov/prop65/prop65_list/Newlist.html