Prop 65 Violations Newsletter

By Pejman Javaheri Prop 65 Newsletter November 4, 2025

California Proposition 65 Enforcement: October 2025 Update

October 2025 saw 582 new Proposition 65 60-day notices, another heavy month driven by metals in foods and consumer goods, BPS in thermal papers/labels, and phthalates in vinyl accessories and packaging (derived from your October spreadsheet). The data show retailers and national chains continue to be named frequently alongside manufacturers and importers.

Tracking these monthly patterns helps manufacturers, importers, private-labelers, and retailers prioritize testing, labeling, and supplier controls before plaintiffs target a product line.

Monthly Violation Summary (October 1–31, 2025)

Number of Violations	Listed Chemicals (grouped)	Types of Products Targeted
453	Heavy metals (Lead, Cadmium, Mercury, Nickel/Hex Chrome)	Seafood (bivalves/fish), ceramic mugs & décor, metal tools/utensils, artist pigments
209	BPS	Thermal receipt paper, shipping labels, stickers
60	Phthalates (DEHP, DINP, DBP)	Vinyl cosmetic/accessory bags, plasticized packaging, cords/grips
17	PFAS (PFOA/PFOS/PFNA)	Water-resistant packaging and containers; select wellness items
4	BPA	Canned/packaged foods & supplement packaging

What is Proposition 65 and Why Does it Matter?

Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) requires warnings for significant exposures to ~900 listed chemicals that cause cancer or reproductive harm. Non-compliance can lead to civil penalties up to $2,500 per violation per day, mandatory reformulation/labeling, and public enforcement lawsuits with attorneys’ fees exposure—risks that routinely impact food, supplement, cosmetic, and household brands.

Notable Chemical Trends (October 2025)

Lead in Foods & Hardgoods

Lead remains the month’s most cited chemical, appearing across seafood products and ceramic/metal consumer goods. Expect continued focus on bivalves (mussels, clams, oysters) and decorated drinkware/hardgoods where glaze or metallic components leach.

BPS in Thermal Paper & Labels

BPS notices surged again, tied to retail receipts and thermal shipping labels—a consistent risk area for retailers, restaurants, and e-commerce operations. With no safe harbor level for BPS, defense often hinges on exposure assessment and warnings strategy.

Phthalates in Flexible Plastics

DEHP/DINP/DBP showed up in vinyl bags, pouches, plasticized wraps/cords and similar accessories—reiterating the need for supplier attestations and targeted phthalate testing for PVC components.

PFAS in Water-Resistant Materials

Notices citing PFOA/PFOS/PFNA continued in water-repellent packaging/containers and select wellness goods. PFAS chemicals often lack safe harbor levels, elevating litigation risk even at low exposures.

Mercury & Other Metals in Niche Goods

A smaller but notable cluster of mercury and nickel/hex-chrome notices appeared in specialty items and coatings—watch imported components and surface finishes.

Product Categories Most Frequently Targeted

Food & Beverage

Bivalve seafood (mussels, clams, oysters), assorted fish products
Canned/jarred items, sauces, spices/seasonings
Dietary supplements and powdered products

Beauty & Wellness

Lotions, creams, styling gels; bath/soak items
Cosmetic/accessory bags with vinyl components

Household & Packaging

Thermal receipts and shipping labels
Ceramic mugs, decorated drinkware & home décor
Vinyl/plastic packaging, cords/handles, tools/utensils

Art Supplies

Artist paints, pigments, glazes and inks

Children’s, Apparel & Electronics (Smaller share)

Select toys/plush with vinyl parts; belts/wallets; chargers and small accessories

Top Chemicals Cited – October 2025

Top Noticing Parties – October 2025

Top 15 noticing parties

Rank	Noticing Party	Notices Filed
1	Environmental Health Advocates, Inc.	268
2	CalSafe Research Center, Inc.	66
3	Clean Product Advocates, LLC	37
4	Gabriel Espinoza	32
5	Ecological Alliance, LLC	28
6	Calsafe Research Center, Inc. (duplicate entry under variant spelling)	26
7	Precila Balabbo	19
8	Keep America Safe and Beautiful	19
9	Ema Bell	17
10	Dennis Johnson	13
11	Environmental Research Center, Inc.	10
12	Consumer Advocacy Group, Inc.	9
13	Chemical Toxin Working Group Inc. dba Healthy Environment California	6
14	Sarah Hale	5
15	Berj Parseghian	4

Top Companies Cited – October 2025

Top 25 Companies Cited

Legal Advisory

What Risks Do Licensors Face When Licensees Trigger Prop 65 Violations?

If your brand name appears on a product—even when a licensee oversees manufacturing or distribution—you can be named in a Prop 65 action. Common pitfalls include inadequate contractual controls, absent chemical testing, and insufficient online warning workflows.

Protective Measures

Require Prop 65 compliance representations/covenants in all license and supply agreements.
Mandate pre-shipment chemical testing (metals, BPA/BPS, phthalates, PFAS) with ongoing surveillance.
Include indemnity, defense, and additional-insured obligations; verify limits and carriers.
Audit and monitor e-commerce content to ensure warnings display pre-checkout for California sales.

How Can My Company Avoid a Prop 65 Lawsuit? (5-Step Checklist)

Test products & packaging

Use third-party labs to screen finished goods and critical raw materials for heavy metals, phthalates, BPA/BPS, PFAS. Re-test after supplier or formulation changes.

Evaluate/update warnings

Use safe harbor language; identify the specific chemical(s); ensure prominence in on-pack and online placements (pre-checkout).

Strengthen supplier agreements

Add chemical-content warranties, right-to-audit, and robust indemnities.

Monitor notices & peer categories

If competitors’ products are cited, assume similar components in your line may be at risk.

Engage experienced counsel early

We assess claims, coordinate testing, negotiate settlements, and defend enforcement actions efficiently.

About Juris Law Group

Juris Law Group is trusted Prop 65 counsel to national and global CPG brands. We design compliance programs and audits, craft warning-label strategies, conduct supply-chain reviews focused on indemnity protection, and provide rapid defense when 60-day notices arrive.

frequently asked questions (FAQ)

Do online-only sellers need Prop 65 warnings?

Yes. If a product enters California’s market, online listings must present compliant pre-checkout warnings for California customers.

Can trace amounts still trigger a notice?

Yes. Many notices involve trace levels of lead, cadmium, or phthalates if exposure exceeds thresholds—or where no safe harbor exists (e.g., BPS, certain PFAS).

Are imported or private-label items covered?

Yes. Importers, retailers, and private-labelers can be named if they introduce the product into California or their brand appears on the label.

Which plaintiff trends matter right now?

Heavy metals in foods, BPS in receipts/labels, phthalates in vinyl packaging/accessories, and PFAS in water-resistant materials continue to dominate.

Are cannabis/CBD items at risk?

Yes. Δ9-THC and marijuana smoke are listed; topicals, vapes, oils, and edibles can be cited—even for external use.

Want to Protect Your Brand from a Prop 65 Lawsuit?

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.