January 2025 California Proposition 65 – 60-Day Notices Analysis

The Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as Proposition 65 (Prop 65), is enforced by the California Attorney General’s office or any district attorney or certain city attorneys or by any individual acting in the public interest. Prop 65 requires that an individual acting in the public interest, to enforce the Act give notice of the impending action to the person alleged to be committing the violation, along with the Attorney General, district attorneys and certain city attorneys in which the violation is alleged to have occurred. The notice must be sent to these parties no less than 60 days before commencing the action; thus, this notice is commonly referred to as the “60-day Notice of Violation”.

In January 2025, there were 337 60-day notices for violation of Prop 65, of which 42% of the notices served were for the category of Lead, 27% of notices were served for the presence of Phthalates, 31% of the notices were for the presence of other chemicals.

Among the reported notices, bags and cases had 21 notices for the presence of Phthalates. Externally decorated glass and ceramics had 30 notices for the presence of Lead.

The beauty and personal care category had 57 notices for the presence of other chemicals such as Diethanolamine and Nitrous Oxide in various products such as creams, cleansers, eyeliners, mascara etc.

There were 2 notices issued for the presence of Phthalates in footwear. In the category of apparel and accessories, there was 2 notices issued for presence of Phthalates in caps and in costumes.

Noticeably, in the category of pet products, there was 1 notice issued for the presence of Phthalates in pet carriers and 1 notice issued for the presence of Lead in pet bowls.

There was 1 notice issued for the presence of Bisphenol S (BPS) in stationery (thermal receipt paper), and 1 notice issued for the presence of Bisphenol A (BPA) in device accessories.

There were 6 notices issued for the presence of Hexavalent Chromium in sports and utility gloves.

Noticeably, there was 1 notice issued for the presence of Perfluorooctanoic Acid (PFOA) in straws. There were 3 notices issued for the presence of Naphthalene in moth balls.

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