US Court Approves Chromium 6 California Proposition 65 Settlement for Leather Industry Compliance

On February 21, 2024, the Alameda Superior Court approved a settlement between the Center for Environmental Health (CEH) and 28 leather footwear and glove companies. This settlement is a result of CEH's issuance of ‘Notices of Violation’ (NOVs) to over 100 companies in 2023 for allegedly failing to provide Prop 65 warnings regarding hexavalent chromium exposure from ‘skin contact components’ of their leather products. As part of the settlement, these companies have agreed to only use leather from tanneries that have adopted advanced protocols to eliminate hexavalent chromium, also known as hex chrome, from the surface of the leather.

Chromium 6

Chromium 6, also known as hexavalent chromium, is the most toxic form of chromium. It occurs naturally in rocks and can leach into groundwater through rock weathering or industrial pollution. It has been listed as a carcinogen under California’s Proposition 65 since 1987 and as a reproductive and developmental toxicant since 2008. Chromium 6 is used in textile dyes, paints, chrome plating and stainless-steel production. It's also found in trace amounts in certain leather goods and building materials.

Tanneries can prevent the formation of hexavalent chromium in leather by implementing protocols such as adding antioxidants, controlling fat levels, limiting oxidizing agents and monitoring pH levels, among others.

How the industry can comply

The legal agreement requires defendants to source leather from tanneries that follow strict protocols to prevent hexavalent chromium formation. Alternatively, compliance can be achieved by sourcing leather exclusively from tanneries that have received a Gold rating in Leather Working Group (LWG) audits, indicating adherence to such protocols. Full compliance is required by the end of 2025, with an option to label certain products with a Prop 65 label if sourcing from a certified tannery is not feasible.

Opt-in

The court settlement introduces a process that allows any company that sells leather footwear or gloves in California to “opt in”. This includes defendants in settlement negotiations with CEH and previously uninvolved leather companies. Opting in allows companies to adopt the same commitments as the settled defendants to ensure compliance with Prop 65. The initial opt-in period is 90 days, ending on May 21, 2024.

Opted-in companies will receive immunity from Prop 65 liability for pre-existing products and must meet compliance targets by specific deadlines. 

A company may opt-in to the settlement if it:

(i) has 10 or more employees; and

(ii) manufactures, distributes, or sells one or more covered products that it knows or has reason to believe will be or has been sold or offered for sale in the State of California.

CEH invites leather footwear and glove companies concerned about hexavalent chromium exposure to visit http://www.prop65hexchromesettlement.com for details on opting in.