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

Vol. 1460 | 25 Feb 2025

December 2024 California Proposition 65 – 60-Day Notices Analysis

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 December 2024, there were 394 60-day notices for violation of Prop 65, of which 41% of the notices served were for the category of Lead, 15% of notices were served for the presence of Phthalates, 44% of the notices were for the presence of other chemicals.

Among the reported notices, bags and cases had 24 notices for the presence of Phthalates, and 1 notice for the presence of Perfluorooctanoic Acid (PFOA). Externally decorated glass and ceramics had 17 notices for the presence of Lead.

The beauty and personal care category had 107 notices for the presence of other chemicals such as Diethanolamine, Titanium Dioxide in various products such as creams, cleansers, mascara, lipsticks etc.

There were 3 notices issued for the presence of Phthalates in footwear, 2 notices issued for the presence of other chemicals (Bisphenol A and Hexavalent Chromium). In the category of apparel, there were 11 notices issued for the presence of Perfluorooctanoic Acid (PFOA), and 2 notices for the presence of Phthalates.

Noticeably, in the category of pet products, 1 notice issued for the presence of Perfluorooctanoic Acid (PFOA) in pet beds. There were 4 notices issued for the presence of Phthalates in personal accessories such as luggage tags, keychains with PVC components, and back scratchers. Two notices were issued for the presence of Lead in the category of art and crafts, for paints and art panels.

There were 4 notices issued for the presence of Hexavalent Chromium in gloves used in the category of leather gloves and footwear. There were 26 notices served for the presence of Perfluorooctanoic Acid (PFOA) in several items such as apparel, bathroom accessories, hardware, pet products, sports and recreation (this list only focuses on the hardline and softline items).

 

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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