California Proposition 65: Reformulation of Chemicals in Consumer Goods

SafeGuardSCosmetics & Personal Care, Electrical & Electronics, Hardgoods, Softlines, Automotive, Personal and Protective EquipmentJanuary 22, 2026

SG 01126

Multiple settlements reached for a range of consumer products containing California 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 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 approximately 900 chemicals.

Under 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.

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

Table 1. Reformulation of 1,4-dioxane in consumer products

Entry	Scope	Reformulation/warning for 1,4-dioxane
1	Body wash and hand soap products	≤ 10 ppm using Headspace GCMS

Table 2. Reformulation of bisphenol A (BPA) and bisphenol S (BPS) in consumer products

Entry	Scope	Reformulation/warning for BPA and BPS
1	Sports bras made primarily of polyester with spandex	≤ 200 ppb BPA, otherwise warning (defendant must not replace BPA with other bisphenols: BPAF, BPAP, BPB, BPE, BPF, BPP, BPS and BPZ)
2	Thermal receipt paper/thermal paper	< 100 ppm each of BPA and BPS

Table 3. Reformulation of diethanolamine (DEA) in consumer products

Entry	Scope	Reformulation/warning for DEA
1	After sun lotions and gels containing aloe vera Muscle rubs	< 20 ppm, otherwise warning
2	Facial mask sheets Lip balms	< 0.1 ppm, otherwise warning
3	Foot masks	< 2.0 ppm, otherwise warning
4	Hair gels/mousses, shampoos, and hair moisturizer products Shaving cream products Shave foam products Shave gel products Wound gels	< 10 ppm, otherwise warning
5	Skin moisture/cream products	< 20 ppm or < 0.1% in any triethanolamine (TEA)-containing ingredient, otherwise warning

Table 4. Reformulation of lead in consumer products

Entry	Scope	Reformulation/warning for lead
1	Brass bath accessories	≤ 100 ppm in brass alloys and ≤ 0.5 μg (NIOSH 9100) on the product's entire surface, otherwise warning
2	Brass candle snuffers Food-safe marble trays Glass boxes (glass jewelry/trinket boxes) Mugs and plates (food contact) Talavera style turtles	≤ 1.0 μg (NIOSH 9100), otherwise warning
3	Brass bicycle valves Lead foil discs Lead foil tapes Lead tapes (protective tapes)	≤ 90 ppm, otherwise warning
4	Ceramic mugs with exterior designs for food contact	≤ 1 μg (NIOSH 9100) on a representative portion of the surface (not a confined area), and ≤ 25 ppm in any decorations located in the upper 20 mm of a product (lip and rim area), otherwise warning
5	Copper cookware containing brass	< 100 ppm in each brass component, otherwise warning
6	Decorative tableware with metal components, including but not limited to candlesticks	≤ 90 ppm in any accessible exterior metal surface; or ≤ 1.0 μg (NIOSH 9100) on any accessible metal surface, otherwise warning
7	Hose shut-off valves	≤ 90 ppm and ≤ 1.0 μg (NIOSH 9100), otherwise warning
8	LED accent Lights Measuring cups with exterior designs (kitchenware) Notebook hole punches with metal components	≤ 90 ppm in any accessible component and ≤ 1.0 μg (NIOSH 9100) on any surface, otherwise warning
9	Porcelain bottle stoppers	≤ 90 ppm in any decoration, colored artwork, designs and/or marking on the surface of the product, or ≤ 1 μg (NIOSH 9100), otherwise warning

Table 5. Reformulation of perfluorooctanoic acid (PFOA) or perfluorooctane sulfonate (PFOS) in consumer products

Entry	Scope	Reformulation/warning for PFOA or PFOS
1	Baby wipes	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
2	Body tapes Lunch bags for kids Pants Shower curtains Tapes, bandages and wraps Insulated cooler bags	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

Table 6. Reformulation of consumer products containing one or more phthalates

Entry	Scope	Reformulation/warning
1	Air pressure tire gauges	≤ 10 ppm DBP, otherwise warning
2	Bracelet holders Mixing bowls (for mixing impression materials) Reversible finish lines Roller skates Traction collars with vinyl components Vinyl banners	≤ 0.1% DEHP, otherwise warning
3	Vinyl comb sleeves	< 0.1% DINP, otherwise warning
4	Vinyl/PVC sunglass cases	< 0.1% each of BBP, DBP, DEHP, DIDP, DINP and DnHP, otherwise warning
5	Vinyl tablecloths	≤ 1,000 ppm each of BBP, DBP, DEHP, DIDP, DINP and DnHP

It is interesting to note that many of the settlement agreements allow a Prop 65 warning as an alternative to reformulation requirements. Additionally, several settlements require lead content and releasable lead testing using NIOSH 9100 (Ghost wipe test) as part of the reformulation.

A Prop 65 settlement is a consent agreement between the parties named in the settlement and entities not named in the settlement are not bound by its terms.

Stakeholders should be aware California will require the name of at least one chemical on short-form warning labels from January 2028 (SafeGuardS 177/24).

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.

^{© SGS Société Générale de Surveillance SA. This publication or website is a property of SGS Société Générale de Surveillance SA. All contents including website designs, text, and graphics contained herein are owned by or licensed to SGS Société Générale de Surveillance SA. The information provided is for technical and general information purposes only and offers no legal advice. The information is no substitute for professional legal advice to ensure compliance with the applicable laws and regulations. All information is provided in good faith “as is”, and SGS Société Générale de Surveillance SA makes no representation or warranty of any kind, express or implied, and does not warrant that the information will be error-free or meet any particular criteria of performance or quality.}