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Prop 65 Counsel: What To Know
First Amendment Challenges Continue to Reshape Prop 65 Enforcement Landscape
Recent federal court decisions continue to affect the scope of Proposition 65 warning enforcement, particularly where compelled warnings are based on contested scientific evidence.
Recent Settlement Trends: Reformulation Requirements Across Consumer Product Categories
2026 reflects continued enforcement across a wide range of consumer product categories and listed chemicals. Recent settlements have addressed alleged exposures to substances such as 1,4-dioxane in personal care products, bisphenol A (BPA) and bisphenol S (BPS) in apparel and thermal receipt paper, diethanolamine in cosmetics and hair care products, lead in cookware and household items, per- and polyfluoroalkyl substances (PFAS) in consumer goods, and various phthalates in vinyl products.
OEHHA Notices
Expanding the Bisphenol Frontier: OEHHA's Review of p,p'-Bisphenol Chemicals for Possible Listing
The Office of Environmental Health Hazard Assessment (OEHHA) has selected p,p'-bisphenol chemicals for review by the Developmental and Reproductive Toxicant Identification Committee (DARTIC) to evaluate whether the chemical class should be listed under Proposition 65 as causing reproductive toxicity. The review encompasses p,p'-bisphenols and their related ethers and esters, many of which are used as substitutes for BPA and BPS, which are already listed.
OEHHA is developing hazard identification materials based on information submitted during a public data calling period, which will be presented at a future DARTIC meeting for consideration. If the committee determines that the chemical class meets the listing criteria, a broad range of products — including food and beverage packaging, medical devices, construction materials, and hard plastics — could face new warning or reformulation obligations. Businesses are encouraged to review their supply chains and monitor OEHHA announcements for updates on the timing of DARTIC's review.
Ethoprop Delisting Review: Data Call-In Period Closed
OEHHA has referred ethoprop (a pesticide) to the Carcinogen Identification Committee (CIC) for review to determine whether the chemical should be removed from the Proposition 65 list. Ethoprop was originally listed based on an earlier US Environmental Protection Agency carcinogenicity classification that has since been revised. OEHHA initiated a public data calling to solicit scientific information relevant to the chemical's carcinogenic potential, and the comment period closed on February 2. OEHHA will review the submitted materials and prepare hazard identification documents for consideration at a future CIC meeting. If the committee determines that ethoprop no longer meets the listing criteria, the chemical may be delisted.
OEHHA Information Letters for Proposition 65
On December 23, 2025, OEHHA published a notice regarding its practice of issuing information letters to interested parties to assist in understanding Proposition 65 statutes and regulations, and their application. These letters can serve as a useful resource for businesses seeking guidance on how the law applies to specific factual circumstances.
Proposed NSRLs for 1-Bromopropane and Diethanolamine (Dermal): Comment Period Closed
OEHHA has proposed No Significant Risk Levels (NSRLs) for two listed carcinogens: 1bromopropane and diethanolamine for dermal exposure. The proposed NSRLs are 54 micrograms per day for 1bromopropane and 6.4 micrograms per day for dermal exposure to diethanolamine. NSRLs function as voluntary safe harbor benchmarks that businesses may rely on when evaluating whether a warning is required under Proposition 65. The public comment period for the proposed rulemaking has closed, and OEHHA is reviewing submitted comments as part of the rulemaking process before determining whether to finalize the exposure levels.
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