U.S. – June 2022 California Proposition 65 – 60-Day Notices Analysis
Vol. 1315 | July 28, 2022
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 June 2022, there were a total of 314 60-day notices for alleged violation of Prop 65. Almost half the notices were for Lead (47 %), about a quarter for Phthalates and the remaining 25% were notices for the presence of other chemicals.
Of the reported notices, bags and cases had 21 notices for the presence of phthalates. 14 notices were served for the presence of phthalates in the packaging of various consumer products. Externally decorated glass and ceramics had 27 notices for lead and one for phthalates; dietary supplements had 8 notices; sports and outdoors accounted for 6 notices for the presence of phthalates and 1 notice for the presence of Bisphenol-A (BPA). 7 notices were served for phthalates present in padded armrest pads for wheelchairs.
Noticeably, one notice was served for the presence of Hexavalent Chromium in a suede fringe strap. For footwear, 7 notices were served for phthalates and one for BPA. 6 notices were served for BPA, in various items including socks, sports and outdoor, bags and cases, footwear and cellphone accessories. The category of beauty and personal care had 30 notices for the presence of other chemicals such as phthalates, benzophenone, titanium dioxide, and diethanolamine.
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