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As noted previously the number and kinds of chemicals included by the OEHHA is expanded every year. Currently there are well over 900 chemicals on the OEHHA list. One way to assess risk is to look at what chemicals in what types of products are triggering the Notice of Violation that is the first communication a plaintiff must serve on a potential Prop 65 defendant. The list below shows the number and distribution by chemical type of claimed violations filed for just the month of August 2018.

The number one chemical class, Phthalates are used as plasticizers, that is ingredients that make plastic products softer or more pliable such as handles on tools, vinyl covered cushions, etc.  While many substances have minimum exposure levels to trigger the prop 65 warning (these are still miniscule amounts) lead and a few other toxins have no minimum level, so any amount whatsoever can trigger a lawsuit and a settlement. Not all covered ‘chemicals’ would meet a lay person’s definition of the term. A great example is ‘wood dust’ which is why California consumers now see prop 65 warnings on architectural moldings and even sheets of plywood.

For the complete list of chemicals covered by Prop 65 see https://oehha.ca.gov/proposition-65/proposition-65-list and for a better understanding of how chemicals are added to the list see https://oehha.ca.gov/proposition-65/chemicals