February 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 February 2025, there were 341 60-day notices for violation of Prop 65, of which 42% of the notices (143 notices) served were for the category of Lead, 24% of notices were served for the presence of Phthalates, 34% of the notices were for the presence of other chemicals. Noticeably, 1 notice was served for the presence of lead and phthalates for salt and pepper shakers with PVC components.

Among the reported notices, bags and cases had 27 notices for the presence of Phthalates, 2 notices issued for the presence of Lead and 1 notice issued for the presence of Perfluorooctanoic Acid (PFOA). Externally decorated glass and ceramics had 10 notices for the presence of Lead.

The beauty and personal care category had 60 notices for the presence of other chemicals such as Diethanolamine and Nitrous Oxide in various products such as creams, cleansers, eyeliners, mascara etc.

There was 1 notice issued for the presence of Hexavalent Chromium and 1 notice for the presence of Phthalates in footwear. There were 6 notices issued for the presence of Phthalates in apparel such as joggers, jackets and aprons.

Noticeably, there were 2 notices issued for the presence of lead in candles and accessories. There was 1 notice issued for the presence of Phthalates in toys and games.

In the category of pet products, there was 1 notice issued for the presence of Phthalates in pet feeding mats.

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 a fertilizing system for the lawn and garden.   

There were 4 notices in the category of gloves—2 for the presence of Phthalates, 1 for the presence of Perfluorooctanoic Acid (PFOA) and 1 for the presence of Hexavalent Chromium.

There were 15 notices issued for the presence of Perfluorooctanoic Acid (PFOA) in various items such as shower curtains, umbrellas, bags, gloves, apparel (shorts and jackets) and tablecloths.

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