What are Persistent Organic Pollutants (POPs)?

Persistent organic pollutants (POPs) are toxic chemical substances that resist natural breakdown, remain in the environment for long periods, and build up in living organisms. Examples include polychlorinated biphenyls (PCBs), DDT, and dioxins. POPs can travel long distances through air and water, affecting ecosystems and human health worldwide.

What is the EU POPs Regulation (EU 2019/1021)?

The EU POPs Regulation, also known as Regulation (EU) 2019/1021, is the European Union’s legal framework for controlling persistent organic pollutants. It enforces the Stockholm Convention by restricting or banning POPs production, use, and disposal to prevent environmental contamination.

Which industries are most affected by POPs legislation?

Industries such as electronics, automotive, textiles, and construction are most affected by persistent organic pollutant (POP) regulations. These sectors often use materials containing POPs, such as flame retardants, lubricants, or plasticizers, and must comply with EU POPs restrictions to continue selling products in the European Union.

How can companies ensure compliance with the EU POPs Regulation?

To comply with the EU POPs Regulation, companies should collect full material disclosures (FMDs) from suppliers, perform chemical screening to detect POPs, and use Persistent Organic Pollutants (POPs) Compliance software. Ongoing monitoring of new POPs listings under the Stockholm Convention helps maintain compliance as regulations evolve.

Proposition 65 Litigation: Recent Cases Explained

Proposition 65 Cases Directed at Retailers & Distributors

Best Buy Co. Inc. is the latest retailer to be targeted in violation of the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). The motion against them was filed by the Consumer Advocacy Group (CAG) on June 4, 2020, and alleges the company failed to meet the communication requirements related to bis(2-ethylhexyl) phthalate (DEHP) in plastic GoPro camera mounts.

As with the European Union (EU) region, phthalate substance groupings are being looked at heavily by enforcement authorities, and many Proposition 65 cases are focused on DEHP, which is a phthalate substance known to cause cancer, birth defects, and other reproductive harm. Litigators in the state of California frequently target the substance.

Learn best practices for handling Proposition 65 programs — Watch our on demand webinar.

In January, the CAG had closed a DEHP case against Koco Trading Co. Inc. for $150,000 USD in immediate financial damage. The company had been shipping a set of kitchen tongs that contained DEHP above a safe threshold.

Several more retailers have seen DEHP cases close this year, including:

The Home Depot Inc. ($60,000 USD).
Steven Madden Ltd. ($26,000 USD).
Amazon.com Inc. ($17,500 USD).
Walmart Inc. ($55,000 USD).

Many other retailers have received penalties for other phthalate substances, or are navigating the justice system for past offences.

Find out how product compliance enforcement can impact your company in our whitepaper, Enforcement Action: A Piece of the Business Case for Transparency.

You might be surprised how many newer products are listed on the Proposition 65 litigation website. It means that many modern companies and industries are struggling to perform due diligence effectively. Assent’s Proposition 65 software can quickly campaign your entire supply chain for the existence of any substances for which your company may need to provide warning labels. We’ll also keep your program up to date when the requirements expand.

For more information about how Assent can help your company comply with Proposition 65 requirements, contact our experts today.

Cally Edgren

Vice President, Regulatory & Sustainability

Cally is a proven compliance program leader with experience developing, communicating, and executing company goals and strategies. She is a subject matter expert on product Read More

Cally Edgren | Vice President, Regulatory & Sustainability

Cally is a proven compliance program leader with experience developing, communicating, and executing company goals and strategies. She is a subject matter expert on product materials compliance as well as market access certifications and has a background in program and process development to support...