U.S. – December 2022 California Proposition 65 – 60-Day Notices Analysis

Vol. 1337 | 11 Jan 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 Dec 2022, there were a total of 316 60-day notices for violation of Prop 65. The majority of the notices were for Lead 49%. Phthalates had 26% of the notices, and the remaining 25% of notices were for the presence of other chemicals.

Of the reported notices, bags and cases had 24 notices for the presence of phthalates and 1 notice for the presence of Bisphenol A (BPA). Externally decorated glass and ceramics had 9 notices for lead; Packaging had a total of 17 notices for the presence of phthalates. Pet products had a total of 3 notices for the presence of phthalates. Home storage and organization items such as baskets, storage boxes, and collecting albums had 7 notices issued for the presence of phthalates. Sports and outdoors had a total of 2 notices issued for the presence of phthalates.

Noticeably, the beauty and personal care category had 24 notices for the presence of other chemicals, such as Titanium Dioxide and Diethanolamine, and 2 for the presence of phthalates. 3D printing supplies had 1 notice for the presence of Styrene.

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) or Pratik Ichhaporia (pratik.ichhaporia@intertek.com , +1 847 212 8273).