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60-Day Notices: California Proposition 65 (And How to Avoid Them)

Between September 1 and December 3, 2019 there have been more than 550 60-day notices filed with the California Attorney General’s office for Proposition 65 violations. These notices were filed by a total of 35 notifying parties and cover a significant breadth of products and chemicals.

Product Types and Notices

Product Type# of NoticesProduct Type# of Notices
Alcoholic beverages2Leather products2
Brass bars1Medicated body powder1
Brass kitchenware2Paper stamps1
Ceramic kitchenware2Plastic bags7
Cookware3Purses, wallets or bags143
Dietary supplements33Rigid plastic consumer goods95
Fire starter3Shoes17
Flexible plastic consumer goods51Textiles11
Food65Tools or hardware90
Glassware1Utility items1
Gloves11Vehicle parts3

Do any of these notices hit close to home? Receipt of a 60-day notice does not automatically mean that you will be subject to litigation. If you can provide evidence that exposure to listed chemicals from your product does not exceed safe harbor levels, you are exempt from warning obligations.

NSF recommends that evidence to refute any claim of violation is proactively developed so that it is readily available to provide to the California Attorney General’s office in the event of a filing. Do you need help conducting such as assessment? Feel free to reach out to NSF at We have internal and experienced analytical and risk assessment staff to support your Proposition 65 needs.

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