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

Vol. 1384 | 14 Nov 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 September 2023, there were 410 60-day notices for violation of Prop 65. The majority of the notices were for Lead (~48%). Nearly 23% of notices were for the presence of Phthalates, 29% of the notices were for Other Chemicals. 0.04% of the notices were for presence of both Lead and Phthalates. Among the reported notices, bags and cases had 44 notices for the presence of Phthalates, 5 notices for the presence of Lead. Externally decorated glass and ceramics had 22 notices for Lead. Footwear had 7 notices for the presence of Phthalates, 2 notices for the Hexavalent Chromium and 1 notice for the presence of Bisphenol A (BPA). Pet products had 1 notice for the presence of Lead and 1 notice for the presence of Phthalates. There were 10 notices issued for the presence of Phthalates in the category of packaging.

Noticeably, 4 notices were issued for the presence of Bisphenol A (BPA) in sports bras, athletic shirts, athletic leggings primarily made of Polyester and containing spandex or other brands of elastane, as well as in footwear.

The beauty and personal care category had 19 notices for the presence of other chemicals such as Titanium Dioxide, Benzene and Diethanolamine.

There were 9 notices for the presence of Perfluorooctanoic acid (PFOA) in bags, bathroom accessories, PTFE tapes, umbrellas, shower liners and grill mats.

There were 10 notices issued for Hexavalent Chromium (Chromium (VI)), present in various items such as bags, gloves, belts, footwear, and woven tray with leather handles.

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 our technical experts Harini Ramaswamy (harini.ramaswamy@intertek.com) and Andrew Loveland (andrew.loveland@intertek.com).

 

You can also visit our Global Market Access Knowledge Portal at gma.intertek.com to get up-to-date global compliance information tailored to your needs for 180 product types in over 40 different markets with a few clicks.