California Proposition 65 Settlements

The following is a summary of California Proposition 65 settlements recently finalized that involve consumer products in Q1, 2025.

Requirements for New Settlements:

Titanium dioxide in powder cosmetics

• No more than 5% of the product by mass shall be titanium dioxide (TiO2) 
• Product contains at least 10% Binding Agents by mass.
• Or utilize a warning statement

Tablecloths 

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
• Or utilize a warning statement.

Update current criteria by additional settlements:

Umbrella, Soft carrying bags, cases, totes and backpack coolers, Cooling hat, Jackets and ponchos meant to protect the wearer from rain and snow, Children’s lunch bags, Gas tank cover, Coverall and other bibs, Seat pads (each applicable line)

• Less than 100 ppm (0.01%) of total fluorine, if exceed, further testing conduct for PFOA (BV reporting limit is 0.01 ppm)
  
  Changes: Change the scope of testing from textiles and coated material with water, oil and/or stain repellent/resistant finishes only to textiles and coated material regardless of PFAS related claims.

Cosmetic and personal care products – including topical OTC drug and cosmetic / drug products 

Changes: Added scope of cosmetics and personal care products

CA Proposition 65 clear and reasonable warning – short form

• A 60-day transition period has been added for retailers to update online short-form warnings after notice from a manufacturer. This transition would take place during the three-year implementation period
• Businesses that are now using the current short-form warnings will be given three years to transition to the new short-form content.

CA Proposition 65 clear and reasonable warning – food (including dietary supplements)

• Short-form warnings may be used to provide safe harbor warnings for food products.

How Does this Impact You? 
By monitoring Proposition 65 actions and settlements, Bureau Veritas help retailers and manufacturers take a proactive and comprehensive approach to compliance. We assist our clients in determining if listed Prop 65 chemicals are present in their products: identifying exposure routes and assessing the risk levels in items. We then help our clients to build in the appropriate requirements into their testing and quality assurance program an ongoing basis.

If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com 
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