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ARTICLE · 30 JULY 2026

Proposition 65 In 2026: Key Enforcement Trends

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The proliferation of Prop 65 enforcement continues in California. Private enforcers have issued over 2,600 notices of violation to date in 2026, while food, personal care, and apparel companies remain the primary enforcement targets.

United StatesConsumer Protection
Will Wagner
Will Wagner
Patrick Fortelka
Patrick Fortelka
Alexandra Lizano
Alexandra Lizano

The proliferation of Prop 65 enforcement continues in California. Private enforcers have issued over 2,600 notices of violation to date in 2026, while food, personal care, and apparel companies remain the primary enforcement targets.

Private enforcers have continued to target diethanolamine (DEA) in personal care products, including cosmetics, filing over 100 lawsuits alleging exposures to DEA in 2025 and continuing in 2026. A coordinated proceeding is underway in Alameda County Superior Court. Separately, the Personal Care Products Council (PCPC) filed suit in federal court asserting that Prop 65 cancer warnings for DEA violate the First Amendment. In June, the Attorney General stipulated to judgment in favor of PCPC, conceding that compelled Prop 65 cancer warnings for DEA violate the First Amendment, and the District Court entered the judgment. This development is likely to put an end to the coordinated cases and any future DEA enforcement. 

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