Textile Insight

IN THE MARKET | SYFA REPORT Prop 65 Explained 16 • Textile Insight ~ January/February 2019 textileinsight.com Hot Topics and the Latest Cooling Tech Feature at Fall Conference. By Trish Martin ypically, Synthetic Yarn & Fiber Association conference agendas have included out-of-the-box topics that help members understand and anticipate issues that will come to affect the industry, such as micro-plastics pollution, a railroad in China, and even an insider's look at Charlotte's pitch for Amazon's second headquarters. Prop 65 filled that role at this SYFA conference, held recently in Charlotte, NC. Lynne Bergeson, managing partner at Bergeson & Campbell, a Washington DC law firm specializing in chemi- cal compliance, educated the audience on California's Safe Drinking Water and Toxic Enforcement Act of 1986, or Prop 65, as it is more commonly known. While the law may not sound like it is pertinent to textiles, Bergeson quickly convinced the audience of its relevance, especially the law's more extensive requirements for consumer warnings that went into effect in August 2018. Prop 65 regulates consumer, occupational, and envi- ronmental exposure to more than 900 chemicals known to cause cancer or reproductive toxicity and applies to any company that makes or sells products in California, including on the Internet. Products that may contain even trace amounts of these 900 chemicals must be properly labeled to warn Californians of the risks. The revised consumer communication regulations that went into effect in August define the specific wording and visual prominence required for compliant warnings. California practices zero tolerance for offenders, Bergeson cautioned the audience. In fact, the state fully supports enforcement by citizen or NGO "bounty hunt- ers" who seek out violators and take them to court. In 2017, California courts awarded $25 million in damages and lawyers collected $19 million in fees on Prop 65 suits. Also, Bergeson continued, the courts consider a product's entire value chain to be culpable in Prop 65 violations. Prop 65 does not relieve any party — the manufacturer, producer, packager, importer, distributor, or any entity within the chain of distribution — of its obligation to provide its own legally acceptable warning or to pass on any warnings it receives. Phthalates, certain dyes, heavy metals, solvents, surfac- tants, and other "celebrity chemicals" top the extensive list of problematic ingredients for the textile supply chain. California offers companies a procedure to prove that trace amounts of these chemicals are harmless or to demonstrate that their products are indeed safe to use. However, the burden of proof rests with the company. Bergeson strongly encouraged the audience to understand their obligations under Prop 65 as well as their custom- ers' requirements. She also advised that other states are expected to follow California's example to more aggressively protect their citizens from dangerous chemicals. Market Direction & Innovation Under the banner "The Strong Economy and Advances in Technology," SYFA's semi-annual conference, held November 29-30th, once again drew a large audience from the synthetic textiles industry and its many suppliers. Apurba Banerjee of brrr, an engineered fiber company that creates cooling technologies using proprietary embedded minerals in combination with unique fiber and yarn constructions, provided an overview of the young GA-based firm. According to Banerjee, fabrics made from these carefully designed fibers and yarns have been proven to reduce body temperature, actively wick moisture, and dry rapidly. Currently, brrr products are used in military and first responder uniforms, workwear, denim, caps, suiting, mattresses, and sheets. Banerjee described upcoming innovations focused on increased sustainability that incorporate Lenzing's Lyocell fibers and recycled polyester fibers as well as nanotechnology to enhance the performance of brrr's cooling minerals. Roger Tutterow, a Kennesaw State University profes- sor, gave the economy two thumbs up. SYFA Secretary, Alasdair Carmichael, presented an update from the National Council of Textile Organizations describing lob- bying efforts to strengthen the new U.S./Canada/Mexico trilateral trade agreement for textile companies and to mitigate the potential harm to producers from tariffs imposed on textile products imported from China. l SYFA's Spring Conference is scheduled for April 25-26 in Charlotte. New Prop 65 Labeling Requirements That Went Into Effect August 2018: Before: Warning - this product con- tains chemicals known to the state of California to cause cancer or birth defects or other reproductive harm. After: Warning - this product can expose you to chemicals includ- ing (name one or more chemicals) which is/are known to the state of California to cause cancer or birth defects or other reproductive harm. For more information go to www.P65warnings.ca.gov Additional information including Prop 65 webinars and Q&A is available on the Bergeson & Campbell website: lawbc.com/seminars-webinars/ proposition-65. Facts and Figures: NCTO US Textile Industry 2017 Total shipments of $65.4B including $12.5B in apparel Fourth largest exporter at $28.6B Textile supply chain employs 550,500 people One textile job supports three addi- tional jobs in a community Viscose Rayon Viscose Rayon Spandex Cellulosic Fiber Cooling Polyster Nylon Core Sheath yarn Cooling Polyster Nylon Core Sheath yarn Cooling Polyster Nylon Core Sheath yarn Clothes Can Keep You Cool Source: brrr MADE IN AMERICA

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