U.S. – January 2023 California Proposition 65 – 60-Day Notices Analysis

Vol. 1340 | 17 Feb 2023

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 2023, there were a total of 298 60-day notices for violation of Prop 65. Majority of the notices were for Phthalates (37%). Lead had 35% of the notices, and the remaining 28% of notices were for the presence of other chemicals.

Of the reported notices, bags and cases had 38 notices for the presence of phthalates, 1 notice for presence of lead, and 2 notices for the presence of other chemicals. Externally decorated glass and ceramics had 27 notices for lead and 1 notice for the presence of phthalates; Footwear had 4 notices for the presence of phthalates and 1 notice for the presence of lead and 1 notice for the presence of Bisphenol A (BPA). The category of Candles had 1 notice of the presence of lead. Furniture had 2 notices for the presence of phthalates. Device accessories such as phone holders and tablet cases had 1 notice each for the presence of phthalates and Bisphenol A (BPA). Pet products such as pet carriers and dog belt leashes were issued 2 notices for the presence of phthalates.

Noticeably, the beauty and personal care category had 68 notices for the presence of other chemicals, such as Titanium Dioxide, Diethanolamine, Benzene, in various cosmetic products and 6 for the presence of phthalates in beauty accessories.

Hexavalent Chromium (Chromium (VI)) was present in 3 leather gloves with various end uses (i.e., used as PPE in fireplaces, in sports, and as personal accessories). There were 3 notices issued for the presence of Bisphenol A (BPA) in the categories of bags and cases, footwear, and device accessories.

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, +1 847-871-1047).