California Proposition 65: Reformulation of Chemicals in Consumer Products

SafeGuardSHardgoods, Automotive, Cosmetics & Personal Care, Electrical & Electronics, Personal and Protective Equipment, Softlines, Toys and Juvenile ProductsJuly 15, 2025

SG 104/25

Multiple settlements have been reached for a range of products containing Proposition 65 (Prop 65) chemicals.

California Prop 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986,’ a ballot initiative passed overwhelmingly by Californian residents in November 1986. It requires the state to publish a list of chemicals that are known to cause cancer, birth defects or reproductive harm. First published in 1987 and updated at least once per year, the list has evolved to include approximately 900 chemicals.

In Prop 65, one important provision for companies doing business in California is to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. Unless exempt, businesses have 12 months to comply with this requirement once a chemical is listed. Failure to provide a warning may not only result in lawsuits but also civil penalties of up to USD 2,500 per violation per day. It is also important to keep in mind that short form warning label requirements have recently been updated and California will now require the name of at least one chemical on short-form warning labels starting January 2028 (SafeGuardS 177/24).

In this communication, we summarize multiple recent settlements involving a variety of consumer goods containing the following chemicals:

Table 1. Reformulation of bisphenol A (BPA) in consumer goods

Entry	Scope	Reformulation/warning for BPA
1	Clear shelf dividers Snorkel masks	≤ 3 μg by wipe test protocol as described in judgment, otherwise warning

Table 2. Reformulation of lead consumer goods

Entry	Scope	Reformulation/warning for lead
1	90-Degree coaxial cable adapters Car charms Ceramic measuring cups Engraved wax sealers Makeup organizers Shoehorn products	≤ 1 μg (NIOSH 9100), otherwise warning
2	Aprons with PVC components Metal and glass lamps Metal and glass storage organizers Trinket boxes with metal components Tree toppers with metal components	≤ 90 ppm (any accessible component) and ≤ 1.0 μg (NIOSH 9100, any surface), otherwise warning
3	Art pigments containing lead Lead anchors Lead counterweights Lead foil discs Lead tapes for tennis racquets Lead wires Piano key leads	≤ 90 ppm, otherwise warning
4	Brass arm mounts Brass closet bolts Brass knobs and pulls	≤ 90 ppm (any decoration, description, artwork, and/or design on the exterior surface) and ≤ 1.0 μg (NIOSH 9100, any exterior surface), otherwise warning
5	Brass bars Handbags with metal components	≤ 90 ppm and ≤ 1.0 μg (NIOSH 9100), otherwise warning
6	Brass serving tongs	≤ 300 ppm and ≤ 0.5 μg (NIOSH 9100), otherwise warning
7	Brass tank fittings	≤ 90 ppm (brass alloys) and ≤ 1.0 μg (NIOSH 9100, on the product's entire surface), otherwise warning
8	Brass twist nozzles Figural hand-crafted deer	≤ 4 μg (NIOSH 9100), otherwise warning
9	Ceramic bins with exterior designs Ceramic cooking accessories with exterior designs Ceramic vases with exterior designs	≤ 90 ppm (any decoration, colored artwork, designs and/or marking on the surface of the product), ≤ 1 μg (NIOSH 9100, any surface), otherwise warning
10	Ceramic cups with exterior decoration	≤ 90 ppm (any decoration on the exterior surface of the product), ≤ 0.5 μg (NIOSH 9100, exterior surface covered with decoration), ≤ 25 ppm (any decorations located in the upper 20 mm of a product (lip and rim area))
11	Ceramic watering cans with exterior designs	≤ 90 ppm (any decoration, colored artwork, designs, markings and accessible components of the product), ≤ 1 μg (NIOSH 9100, any surface), otherwise warning
12	Metal wind chimes	≤ 90 ppm (any accessible decoration, colored artwork, designs and/or marking on the surface of the product) and ≤ 1.0 μg (NIOSH 9100, any surface), otherwise warning
13	Salsero de Barro bowls	≤ 10 ppb in any accessible component, otherwise warning
14	Water bottles with exterior designs	≤ 90 ppm (any decoration, colored artwork, designs and/or marking on the surface of the product), ≤ 1 μg (NIOSH 9100, any surface) and ≤ 25 ppm (any decorations located in the upper 20 mm of a product (lip and rim area)), otherwise warning

Table 3. Reformulation of consumer goods containing one or more phthalate

Entry	Scope	Reformulation/warning for one or more phthalates
1	Amplifiers with vinyl exterior	< 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP
2	Foot braces	< 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP, otherwise warning
3	Inflatable cushions	≤ 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP, otherwise warning
4	Knife covers Plumb bobs	≤ 0.1% DEHP, otherwise warning
5	Pool covers with vinyl cables Thermometer products Wire ropes	< 0.1% DEHP, otherwise warning
6	Vacuum cleaner bags with vinyl components	< 0.1% DINP
7	Standing beauty fans	< 0.1% DBP, otherwise warning

Table 4. Reformulation of chromium (VI) compounds in consumer goods

Entry	Scope	Reformulation/warning for chromium (VI) compounds
1	Card cases Phone cases and money pouches	Warning

Table 5. Reformulation of perfluorooctanoic acid (PFOA) in consumer goods

Entry	Scope	Reformulation/warning for PFOA
1	Changing pads Poly ropes	No intentionally added PFOA, otherwise warning
2	Diaper backpacks	Products do not contain 1) intentionally added PFOA or 2) intentionally added fluorinated ingredient that causes PFOA to be in the products, including but not limited to C_9-15 fluoroalcohol phosphate, otherwise warning
3	Generator covers Pet beds	Warning
4	Ironing board covers (includes ironing board pads and covers)	≤ 50 ppt (parts per trillion), otherwise warning
5	Pillows	Warning if intentionally added

Table 6. Reformulation of diethanolamine (DEA) in consumer goods

Entry	Scope	Reformulation/warning for DEA
1	B.B creams Cleansing foam Mascara	< 0.1 ppm, otherwise warning
2	Black cream makeup	< 200 mg/kg, otherwise warning
3	Cosmetic blood products	≤ 5 ppm, otherwise warning
4	Eye cream products Shampoos	< 10 mg/kg, otherwise warning
5	Facial sheet masks	< 0.5 ppm, otherwise warning
6	Hair gels	< 2.0 ppm, otherwise warning
7	Hair moisturizing creams, styling gels and hair/scalp conditioners	< 15 ppm, otherwise warning
8	Hemorrhoidex gels	< 20 ppm, otherwise warning
9	Shave gels	< 200 ppm, otherwise warning
10	Sun and after sun lotions, gels and creams	< 100 mg/kg and no detectable benzene, otherwise warning

Table 7. Reformulation of 1,4-dioxane in consumer goods

Entry	Scope	Reformulation/warning for 1,4-dioxane
1	Shampoos	≤ 3 ppm (Headspace GCMS)

It is interesting to note that there were several settlements for lead, in which the reformulation requirements only limited releasable lead using NIOSH 9100 (Ghost wipe test).

A Prop 65 settlement is a consent agreement between the parties named in the settlement and a party not named in a settlement is not bound by that settlement.

Abbreviations

Entry	Abbreviation	Phthalate	CAS
1	BBP	Butyl benzyl phthalate	85-68-7
2	DBP	Di-n-butyl phthalate	84-74-2
3	DEHP	Di(2-ethylhexyl)phthalate	117-81-7
4	DIDP	Di-isodecyl phthalate	68515-49- 1/26761-40-0
5	DINP	Diisononyl phthalate	---
6	DnHP	Di-n-hexyl phthalate	84-75-3

Companies doing business in California, USA, need to be aware of and comply with Proposition 65. We provide analytical testing and consultancy services to evaluate your products and guide you toward Prop 65 compliance. Contact us to learn more, or visit our website. In the end, it’s only trusted because it’s tested.

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