2012 was a busy year for Proposition 65 notices with a total of 961 notices. Phthalates led the list with 511 notices. Phthalates are commonly used in polyvinyl chloride as a softener and the notices involve a variety of consumer product types. Lead was a close second with 403 notices in products ranging from food to shoes. Arsenic was in 32 notices, and cadmium was in 3 in various products including jewelry and cement. A new entry is tris (1,3-dichloro-2-propyl) phosphate (“TDCPP), a flame retardant with 9 notices found in a variety of furniture or accessories. A notice may list more than one chemical and may be directed to more than one company.
Proposition 65 requires that businesses with 10 or more employees provide a warning prior to exposures to Proposition 65 with few exceptions. Private citizens can bring enforcement action 60-days after giving notice provided a public prosecutor has not brought an enforcement action.