Prop 65 Enforcement Action Update
Written February 15, 2019
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Based on a list of 60-day notice filings that have been registered with states regarding enforcement actions under Prop 65, 575 notices have been filed from August 30, the date in which the new warning statements became effective, through December 6, 2017. The list contains a wide variety of products targeted, however, the chemicals listed include phthalates and lead. The list contains quite a few plastic-based products, foods and clothing of all types.
Organizations filing a notification do not have to prove that there would be an exposure above the safe harbor threshold. For a filing, the organization only needs to identify that a Prop 65 regulated chemical can be found in the product in question. The company that is identified then has the burden of proof that the presence of the chemical would not result in an exposure or pay some negotiated amount to settle the matter.
Products on the list that have been targeted for containing phthalates include make-up bags, plastic cosmetic bags, beach totes and other plastic items. Those items identified as containing lead are not in the clothing category, but in the household and food products.