Enforcement Action

A Proposition 65 enforcement action is a civil lawsuit filed in California Superior Court alleging that a business has violated the warning or discharge prohibition provisions of the Act. Enforcement actions may be brought by: (1) the California Attorney General; (2) district attorneys; (3) city attorneys of cities with populations over 750,000; or (4) private persons or organisations acting in the public interest (‘private enforcers’). A private enforcer must first provide a 60-Day Notice of Violation to the alleged violator, the AG, and applicable district or city attorney. If no government enforcer initiates action within 60 days of the notice, the private enforcer may file suit. In 2024, there were over 1,300 Proposition 65 settlements, totaling tens of millions of dollars.

California Health & Safety Code §25249.7; Cal. AG Annual Proposition 65 Settlement Summaries (2024 data).

Businesses that receive a 60-Day Notice of Violation should immediately engage qualified legal counsel to assess the validity of the alleged violation, evaluate potential defenses (including exposure below safe harbour levels, applicable exemptions, or safe harbour warning compliance), and determine an appropriate response strategy. Acting within the 60-day window before suit is filed is critical because corrective action taken before the notice period expires can affect the scope of any liability. Most Proposition 65 actions settle without trial.