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Panel: Eileen Conneely
Media: Bryan Goodman

American Chemistry Council Files Lawsuit to Remove DINP from Prop 65 List—DINP Is Not a Human Carcinogen

On June 9, 2014, the American Chemistry Council (ACC) filed a lawsuit challenging the state of California’s listing of diisononyl phthalate (DINP) under the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. The state’s listing of DINP as “known to cause cancer” is unwarranted and defies the state of the science which demonstrates that DINP does not cause cancer in humans. DINP is one of the most thoroughly studied compounds in the world. DINP has been reviewed by numerous international scientific panels over decades and the conclusions are essentially the same each time: DINP as currently used in commercial and consumer products does not pose a risk to human health at typical exposure levels. This conclusion was confirmed most recently by the European Commission (January 2014) following a four-year in-depth evaluation by the European Chemical Agency (ECHA), which did not conclude that DINP is a human carcinogen.

In its filing in Sacramento County Superior Court, ACC asks that the Court order California Environmental Protection Agency’s (Cal/EPA) Office of Environmental Health Hazard Assessment (OEHHA) to remove DINP from the Proposition 65 list.

» View ACC’s statement on the litigation

» View ACC's statement that followed the listing of DINP on Prop 65 in December of 2013

» View a full list of comments submitted to OEHHA outlining the scientific evidence against the listing of DINP on Prop 65

ACC High Phthalates Panel Develops Tool to Estimate Exposures to DINP from Consumer Products

To support the DINP value chain, the ACC High Phthalates Panel has developed two Prop 65 specific tools:

  1. A level of exposure to DINP that is not expected to result in more than one excess case of cancer in 100,000 individuals exposed to the chemical over a 70-year lifetime, which is how a No Significant Risk Level (NSRL) is defined in OEHHA regulations, and

  2. A DINP exposure-estimation workbook. The workbook contains technical guidance on how to estimate potential product exposures to DINP and compare it with the calculated exposure level and includes examples. As a manufacturer and / or seller of consumer products in California, you can use these tools to determine whether or not a warning maybe required for DINP-containing products. For more information, or to receive a copy of the workbook, which is now available at no cost, please contact ACC at and include “DINP Exposure Workbook” in the subject line.

Weight of Evidence Indicates That DINP
Should Not Be Listed on Prop 65

About DINP:

Diisononyl phthalate (DINP) is used to soften or “plasticize” vinyl. DINP is a general purpose plasticizer used in a multitude of vinyl products that demand flexibility, durability and specific functionality. While DINP’s primary function is as a softener, it is also used in sealants, paints and lubricants. The benefits of DINP in vinyl are evident in products manufactured by the automobile, wire and cable, roofing and flooring industries.

On December 20, 2013, the California Office of Environmental Health Hazard Assessment (OEHHA) added DINP to California’s Proposition 65 list as a “carcinogen.”

The High Phthalates Panel of the American Chemistry Council challenges the scientific basis of California’s decision. High phthalates, including DINP, have been reviewed by numerous scientific panels and the conclusions have been essentially the same each time: that the phthalates used in commercial products do not pose a risk to human health at typical exposure levels. Phthalates are among the most thoroughly studied family of compounds in the world and have been reviewed by multiple regulatory bodies in the United States, Europe and Australia.

Questions and Answers: DINP and Prop 65

To read the Panel’s statement about the OEHHA listing, please click here.

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