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

Vol. 1453 | 02 Feb 2025

November 2024 Analysis of California Proposition 65 60-Day Notices

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 November 2024, there were 386 60-day notices for violation of Prop 65, of which 45% of the notices served were for the category of Lead, 15% of notices were served for the presence of Phthalates, 40% of the notices were for the presence of other chemicals.

Among the reported notices, bags and cases had 28 notices for the presence of Phthalates, and 1 notice for the presence of Perfluorooctanoic Acid (PFOA). Externally decorated glass and ceramics had 12 notices for the presence of Lead.

The beauty and personal care category had 61 notices for the presence of other chemicals such as Diethanolamine in various products such as makeup kits, creams, cleanses, makeup kits, mascara etc.

There were 6 notices issued for the presence of Phthalates in footwear, 3 notices issued for the presence of other chemicals (Bisphenol A and PFOA,) and 1 notice for the presence of lead in handbags with metal components. In the category of apparel, there were 8 notices issued for the presence of Phthalates, and 6 notices issued for the presence of Perfluorooctanoic Acid (PFOA). The category of pet products had 2 notices issued for the presence of Phthalates. Noticeably, there was one notice issued for the presence of lead in artist paint pastes. There were 3 notices issued for the presence of candles and accessories, for the presence of lead.

There were 3 notices issued for the presence of Hexavalent Chromium in gloves used in the category of leather gloves and footwear. There were 29 notices served for the presence of Perfluorooctanoic Acid (PFOA) in several items such as hardware, dietary supplements, pillows protectors, apparel, bathroom accessories, covers, kitchen and dining.

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).

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