Prop 65 Violations Newsletter

By Pejman Javaheri Prop 65 Newsletter September 5, 2025

What’s New This Month

July 2025 Prop 65 enforcement continued its upward trend, with over 600 notices issued. Bisphenol S (BPS) remained the most frequently cited chemical, while PFAS, cadmium, and phthalates also saw active enforcement across food, supplements, and consumer goods.

California Proposition 65 Enforcement: July 2025 Update

In July 2025, California saw 624 Notices of Violation (NOVs) under Proposition 65. This month’s data shows heightened activity targeting packaging, supplements, food, and consumer goods.

Below, we highlight the top chemicals, companies, and noticing parties driving this wave of enforcement.

July 1–31, 2025 Notice of Violation Summary

Number of Violations	Listed Chemicals	Types of Products Targeted
252	Bisphenol S (BPS)	Thermal receipts, packaging, food containers
179	Lead	Supplements, powders, cookware
42	Lead and lead compounds	Seafood, ceramics, paints
37	Di(2-ethylhexyl)phthalate (DEHP)	Vinyl goods, bags, accessories
16	Alcoholic beverages (ethanol)	Beer, wine, spirits

Enforcement Trends

BPS Dominates Notices – With 252 notices, BPS continues to be the most common target, especially in receipts and packaging.

Heavy Metals in Food and Supplements – Lead remained a recurring target in supplements and powders. See our Food Recall Tracker for the latest enforcement and recall activity.

Phthalates in Accessories – DEHP citations focused on vinyl-based consumer products such as bags and cases.

PFAS in Wellness Products – PFOA and PFOS enforcement continued, reflecting increased attention to persistent chemicals.

Product Categories Most Frequently Targeted

– Food & Beverage: Supplements, baking mixes, seafood, alcoholic beverages

– Cosmetics & Wellness: Lotions, bath bombs, CBD oils, sprays

– Household & Retail: Thermal receipts, packaging, vinyl goods

– Consumer Goods: Cookware, ceramic mugs, accessories

Top Chemicals, Companies, and Noticing Parties

Top Chemicals Cited

Top Companies Cited

Company	Notices Received
Amazon.com, Inc.	78
The TJX Companies, Inc.	31
Ross Stores, Inc.	16
Walmart, Inc.	12
BPS Direct	11
Burlington Coat Factory of Texas	10
Whole Foods Market	8
Mrs. Gooch’s Natural Food Markets	8
VSI	8
GB MARKET LLC	7

Top Noticing Parties

How Can My Company Avoid a Prop 65 Lawsuit?

Test Imported Goods – Many July notices focused on imported supplements and cookware.
Review Warning Placement – Ensure Prop 65 warnings are visible online and in-store.
Train Sales & Marketing Teams – Staff should understand when and how warnings must be provided.
Update Licensing and Distribution Contracts – Add Prop 65 indemnity clauses to shift liability appropriately.
Engage Legal Counsel Quickly – Responding within the 60-day notice period is critical to reducing costs.

Frequently Asked Questions (FAQ)

Does Prop 65 apply to naturally occurring metals?

Yes. Even naturally occurring lead and cadmium in foods and botanicals can trigger violations.

Are retailers liable for online sales?

Yes. Online listings targeting California consumers must display Prop 65 warnings where required.

What should I do if my supplier is cited?

Retailers and distributors should review contracts to ensure suppliers indemnify them for Prop 65 liability.

Proposition 65 Q&A for Businesses and Manufacturers

Why is BPS enforcement increasing?

BPS is often used in place of BPA but lacks a safe harbor level, making it a frequent enforcement target, especially in receipts and labels.

What are safe harbor levels?

Safe harbor levels are thresholds below which warnings are not required. Many chemicals cited in July 2025 have no safe harbor levels, increasing risk.

Are PFAS enforcement actions here to stay?

Yes. PFAS chemicals like PFOA and PFOS are high-priority targets for regulators and plaintiffs due to health risks and persistence.

What industries are most exposed?

Food, supplements, packaging, and retail remain the most frequently cited categories in July 2025.

Want to Protect Your Brand from a Prop 65 Lawsuit?

To schedule a compliance audit or speak with a regulatory attorney, contact us today. Juris Law Group, recently recognized in Chambers’ USA Spotlight Rankings, is proud to be trusted by businesses nationwide for regulatory compliance and defense.

Pejman Javaheri / About Author

Pejman Javaheri, Esq., is the founder of Juris Law Group, P.C., a firm established in 2009 that specializes in Food IP Licensing and related areas of food and beverage law. With a commitment to integrating legal excellence into business strategies, Javaheri leads a firm renowned for its expertise in areas such as Food & Beverage Law, Licensing & Brand Protection, Outside General Counsel, Consumer Products & Manufacturing, Corporate & Business Law, Family Office, and Business Affairs. Pejman Javaheri brings a unique and comprehensive approach to legal services, particularly in the realm of licensing agreements. Under his leadership, the firm has excelled in areas such as Food & Beverage Law, where his team supports a range of clients from agribusinesses to retailers. In Licensing & Brand Protection, Javaheri has led the firm to become a leader in the food and beverage space, expertly handling negotiations, terms sheets, and drafting industry-standard license agreements.

Pejman Javaheri also specializes in Outside General Counsel, providing strategic planning and comprehensive legal advice; Consumer Products & Manufacturing, focusing on compliance and risk management; Corporate & Business Law, offering a streamlined boutique approach; Family Office, delivering personalized counsel; and Business Affairs, where Javaheri's team combines legal acumen with business insight.

His academic foundation in Political Science and Psychology from the University of California, Irvine, combined with a Juris Doctor from UC Hastings College of the Law, set the stage for a career marked by innovation and comprehensive legal solutions.

At Winston & Strawn, LLP, Javaheri refined his skills in corporate, real estate, and finance law. He is celebrated for his role as a strategic business planner and legal expert, earning the title Chief 'Get Sh!t Done' Officer™ for his dynamic, results-oriented approach. His leadership in community involvement is highlighted by his prestigious role on the Los Angeles Trial Lawyers’ Charities (LATLC) Honorary Board of Directors.

Embodying ethics, commitment, professionalism, confidentiality, and creativity, Javaheri's approach is defined by integrity, a client-focused urgency, and a constant drive for innovation. At Juris Law Group, he not only provides legal solutions but also nurtures the growth and success of his clients' businesses and ventures, adapting to their evolving needs.

Food IP licensing offers a unique opportunity for brand expansion and consumer engagement. Juris Law Group’s experience in facilitating diverse licensing agreements, coupled with the growing trend of major brands entering this space, underscores the potential of this sector. If you are considering leveraging your IP in the food and beverage industry, our team at Juris Law Group is equipped to guide you through this journey. Contact our expert food and beverage licensing lawyers today.