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

Vol. 1431 | 19 Nov 2024

What is California Proposition 65?

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”.

 

September Analysis

In September 2024, there were 447 60-day notices for violation of Prop 65, of which 58% of the notices served were for the category of Lead, 18% of notices were served for the presence of Phthalates, 24% of the notices were for the presence of Other chemicals.

Among the reported notices, bags and cases had 30 notices for the presence of Phthalates. Externally decorated glass and ceramics had 16 notices for the presence of Lead. 1 notice was issued for the presence of lead and 1 for the presence of phthalates in pets’ first aid kits. In the same category of pet products, there was 1 notice issued for the presence of lead in raised pet bowls.

The beauty and personal care category had 112 notices for the presence of other chemicals such as Titanium Dioxide and Diethanolamine.

Noticeably, there was 1 notice issued for the presence of Bisphenol A (BPA) in footwear. There were 2 notices issued for the presence of lead in tools such as nutcrackers and compasses. There were 4 notices issued for the presence of phthalates  in various tools such as plumbing tools, hair pliers and tools with vinyl/PVC grips.

There were 5 notices issued for the presence of Hexavalent Chromium in gloves used in the category of footwear, utility gloves, as well as golf gloves.

There were 12 notices served for the presence of Perfluorooctanoic Acid (PFOA) in several items such as dietary supplements, pillows and cushions, apparel, bathroom accessories, kitchen and dining.

Our Services

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).