In a press release published on August 17, 2020, industry association the American Chemistry Council (ACC) announced that it has filed a petition with the US state of California’s Supreme Court challenging the listing of diisononyl phthalate (DINP; CAS 28553-12-0) under the state’s Proposition 65 chemicals regulation. ACC had previously challenged the listing through a court of appeals, but the court upheld the state Office of Environmental Health Hazard Assessment’s (OEHHA) listing of the substance.

An ACC representative argues that “there is clear evidence that the listing of DINP on OEHHA’s Proposition 65 was the result of a biased, unfair, and arbitrary review process.” However, OEHHA told news provider Chemical Watch that it “is pleased with the court of appeal’s decision that upheld the listing of DINP” and said “we do not believe there is a need for further review by the state supreme court.” The state’s supreme court now has at least 60 days to decide on the petition. If denied, the result from the appeals court will remain and the substance will continue to be listed under Proposition 65.

DINP has been mostly used in polyvinyl chloride (PVC) plastics to make them flexible. It is listed under the Proposition 65 regulation as a carcinogen, and businesses in California are required under the regulation to warn consumers about DINP’s presence in products.

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ACC (August 19, 2020). “ACC Petitions California Supreme Court to Review Prop 65 Listing.”

Terry Hyland (August 19, 2020). “ACC wants California Supreme Court to weigh in on Prop 65 listing for DINP.” Chemical Watch