California Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a key consumer right-to-know law in the State of California. It requires businesses to provide a clear and reasonable warning label if their products contain chemicals known to cause cancer or reproductive harm (as listed in the Prop 65 chemical list), allowing consumers to make informed choices.
The Act does not directly ban harmful substances but promotes compliance through mandatory disclosure and strict penalties. Any violation may result in a civil penalty of up to $2,500 per day.
A unique enforcement mechanism under Prop 65 is the “60-Day Notice of Violation.” Any individual or organization that discovers a potential violation may send a notice to the business 60 days in advance of filing a lawsuit. If the business fails to correct the violation within 60 days (e.g., by adding warnings or reformulating the product), the noticing party may proceed with legal action.
Below are statistics from 60-Day Notices issued under Prop 65 in the second and third quarters of 2026:
- Total number of violation notices are 3211 cases. They cover a wide range of product categories including food, daily necessities, footwear, and apparel.
- Notifications of non-compliance relating to footwear, apparel and textiles, bags and leather goods account for 4% of the total. The main chemicals detect in these product categories and their distribution are as follows:
|
Chemicals
|
Percentage
|
|---|---|
|
Hexavalent Chromium
|
42.2%
|
|
Phthalate
|
40.9%
|
|
Per- and Polyfluoroalkyl Substances(PFAS)
|
9.7%
|
|
Lead
|
5.9%
|
|
Others
|
1.3%
|
- Violations involving hexavalent chromium, phthalates, lead, PFAS and other chemicals are frequent. It is recommended that relevant businesses immediately conduct compliance checks, focus on identifying high-risk materials, strengthen supply chain controls, and implement compliant warning labels to minimize litigation and penalty risks.
Key Updates of Regulatory Developments
- Four Substances Added to the Carcinogen List
Hydrochlorothiazide, voriconazole, tacrolimus, and welding fumes have been added to the Proposition 65 list. Companies should assess potential impacts on products and manufacturing processes.
- Proposed regulatory changes under review
Office of Environmental Health Hazard Assessment (OEHHA) is considering amendments related to QR-code warnings, online sales warnings, retailer responsibilities, and revisions to short-form warnings, signalling a continued tightening of Proposition 65 requirements.
- Additional chemicals under review
Ethoprop and vinyl acetate are currently under regulatory review and may result in future compliance obligations.
What this means for businesses
California continues to strengthen Proposition 65 compliance requirements. Companies should review product chemical content, assess warning obligations, and monitor upcoming regulatory developments to minimize compliance and market access risks.
For more details, please visit the following website: https://oag.ca.gov/prop65/60-day-notice-search
