| Entry | Scope | Reformulation/warning for BPA |
|---|---|---|
| 1 | Leggings made primarily of polyester with spandex | ≤ 50 ppb, otherwise warning (defendant must not replace BPA with other phenols: BPAF, BPAP, BPB, BPE, BPF, BPP, BPS and BPZ) |
SafeGuardSAutomotive, Cosmetics & Personal Care, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Cosmetics and Personal Care News and SafeguardS14. Jul 2026
SG 097/26
Multiple California Proposition (Prop 65) settlements have been reached involving a range of consumer goods containing listed chemicals.
California Prop 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986,’ a ballot initiative passed overwhelmingly by California 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.
Under Prop 65, a key requirement for companies doing business in California is the obligation 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 require the name of at least one chemical on short-form warning labels beginning January 2028 (SafeGuardS 177/24).
In this SafeGuardS, we summarize multiple recent settlements and judgments involving a variety of consumer products containing the following chemicals:
| Entry | Scope | Reformulation/warning for cadmium or lead |
|---|---|---|
| 1 |
| ≤ 100 ppm lead in any decoration, description, artwork and/or design on the exterior surface of the product and ≤ 0.5 μg lead (NIOSH 9100) on any exterior surface, otherwise warning |
| 2 |
| ≤ 90 ppm lead and ≤ 1.0 μg lead (NIOSH 9100), otherwise warning |
| 3 |
| ≤ 90 ppm lead in any decoration, description, artwork and/or design on the exterior surface of the product and ≤ 1.0 μg lead (NIOSH 9100) on any exterior surface, otherwise warning |
| 4 |
| < 100 ppm lead, otherwise warning |
| 5 |
| ≤ 90 ppm lead in any decoration, colored artwork, designs and/or markings on the surface of the product and ≤ 1.0 μg lead (NIOSH 9100) on any surface, otherwise warning |
| 6 |
| ≤ 1.0 μg lead (NIOSH 9100), otherwise warning |
| 7 |
| ≤ 1.0 μg lead (NIOSH 9100) and ≤ 90 ppm lead in any decoration, colored artwork, designs and/or markings on the surface of the product, otherwise warning |
| 8 |
| ≤ 90 ppm lead in any decoration, colored artwork, designs and/or markings on the surface of the product and ≤ 1 μg lead (NIOSH 9100) on any exterior surface, otherwise warning |
| 9 |
| ≤ 75 ppm (0.0075%) cadmium, otherwise warning |
| 10 |
| ≤ 100 ppm lead for galvanizing solution in which the product is submerged and ≤ 1.0 μg lead (NIOSH 9100) for finished product, otherwise warning |
| 11 |
| ≤ 90 ppm lead, otherwise warning |
| 12 |
| ≤ 90 ppm lead in any decoration, colored artwork, designs and/or markings on the surface of the product and ≤ 1.0 μg lead (NIOSH 9100) on any surface, otherwise warning |
| 13 |
| ≤ 90 ppm lead in any decoration, colored artwork, designs and/or markings on the surface of the product; ≤ 1.0 μg lead (NIOSH 9100) on any surface and ≤ 25 ppm lead in any decoration located within the upper 20 mm of the product (lip and rim area), otherwise warning |
| Entry | Scope | Reformulation/warning for BPA |
|---|---|---|
| 1 |
| < 0.1 ppm, otherwise warning |
| 2 |
| < 0.1% for DEA in any triethanolamine (TEA)-containing ingredient, otherwise warning |
| Entry | Scope | Reformulation |
|---|---|---|
| 1 |
| Contains no intentionally added 1) PFOA and 2) any fluorinated ingredient that causes PFOA to be present in the product, including but not limited to C9-15 fluoroalcohol phosphate, otherwise warning |
| 2 |
| Contains no intentionally added 1) PFOS and 2) any fluorinated ingredient that causes PFOS to be present in the product, including but not limited to C9-15 fluoroalcohol phosphate, otherwise warning |
| 3 |
| ≤ 100 ppt PFOA, otherwise warning |
| Entry | Scope | Reformulation/warning |
|---|---|---|
| 1 |
| ≤ 0.1% DEHP, otherwise warning |
| 2 |
| < 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP |
| 3 |
| ≤ 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP, otherwise warning |
| 4 |
| < 0.1% DBP, otherwise warning |
| 5 |
| ≤ 0.1% DEHP |
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 |
It is interesting to note that under the terms of the settlement concerning cadmium in earrings, the defendant must not use more than 75 ppm cadmium content in these products (Table 2, item 9). This concentration limit is stricter than the 300 ppm cadmium content limit for substrates in children’s jewelry under the state’s Metal-Containing Jewelry Law (SafeGuardS 114/19 and references therein).
A Prop 65 settlement is a consent agreement between the parties named in the settlement and any party not named in the settlement is not bound by its terms.
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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