U.S. – June 2024 California Proposition 65 – 60-Day Notices Analysis

Vol. 1418 | 06 Aug 2024

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 June 2024, there were 506 60-day notices for violation of Prop 65, of which 43% of the notices served were for the category of Lead, 11% of notices were served for the presence of Phthalates, 46% of the notices were for the presence of Other chemicals.

Among the reported notices, bags and cases had 27 notices for the presence of Phthalates. Externally decorated glass and ceramics had 26 notices for Lead. Footwear had 6 notices for the presence of Phthalates. The category of candles and accessories had a total of 12 notices, for the presence of lead.

Noticeably, there was one notice issued for the presence of phthalates of pet products, one notice for the presence of phthalates in the category of juvenile products, and for the presence of lead in lead-based art pigments.

The beauty and personal care category had 206 notices for the presence of other chemicals such as Titanium Dioxide and Diethanolamine.

There was 1 notice issued for the presence of Hexavalent Chromium in gloves used in the category of sports and recreation.

There were 3 notices issued for the presence of Bisphenol A (BPA) in bags and cases, lighting and footwear.

There were 6 notices served for the presence of Perfluorooctanoic Acid (PFOA) in several items such as dietary supplements, ironing pads, sun hats, grilling mats and canvas drop cloths.

For local and worldwide companies manufacturing and/or operating in the state of California, Intertek’s Prop 65 compliance services provide the expert support and laboratory testing qualifications needed to comply with regulations and mitigate complexities. Simply contact us.

For questions, please contact Harini Ramaswamy (harini.ramaswamy@intertek.com) and Andrew Loveland (andrew.loveland@intertek.com).