Attorney General (California)

The California Attorney General (AG) is the primary government enforcement authority for Proposition 65 under Health & Safety Code §25249.7. The AG has authority to file civil enforcement actions for Proposition 65 violations, review and comment on private enforcement settlements and judgments, and collect 75% of all civil penalties assessed. The AG’s office publishes annual summaries of Proposition 65 settlements and judgments. The AG also maintains regulations governing private party enforcement (Title 11, CCR, Chapter 4). In 2024, the AG’s office recorded over 1,300 Proposition 65 settlements totalling tens of millions of dollars.

California Health & Safety Code §25249.7(b)(c); Title 11 CCR, Chapter 4 (AG Proposition 65 Regulations); Cal. AG Annual Proposition 65 Settlement Summaries.

Businesses should be aware that the AG has the right to review and comment on private enforcement settlements. The AG’s oversight role provides some check on private enforcer abuse. When private enforcers file Proposition 65 actions, they must report settlements and judgments to the AG. Businesses engaging in settlement negotiations with private enforcers should monitor whether the AG submits comments, as AG objections to settlement terms can significantly complicate resolution.