Press Room


VI Files Amicus Brief to Support Petition to Remove Plasticizer from Prop. 65 List

Sept. 29, 2020

By | September 2020

The Vinyl Institute (VI) continues to support the vinyl industry across the nation, and recently weighed into a California state supreme court case regarding Proposition 65. Last month, the American Chemistry Council (ACC) filed a petition with the California Supreme Court to challenge the listing of the plasticizer diisononyl phthalate (DINP) on the state’s Proposition 65 list of substances that may cause an increased risk of cancer.

DINP was added to the Prop. 65 list in 2013, and ACC cites that the addition of the plasticizer was the result of a “biased, unfair, and arbitrary review process.” The Office of Environmental Health Hazard Assessment’s (OEHHA) Carcinogen Identification Committee (CIC) failed to follow its own Guidance Criteria or operating procedures when evaluating the plasticizer, as described in the petition. Scientific evidence points to the fact that current uses of DINP do not pose a risk to human health.

The Vinyl Institute (VI) argues in an amicus brief that the decision raises significant questions of fundamental fairness in agency rulemaking. The record in the listing process demonstrates a lack of transparency and absence of meaningful explanation in the decision-making process and application of the State’s listing criteria. This is one more example of the VI fighting to protect a quality product of choice in the marketplace.

To read more about the petition and background, click here.