How to Respond to a Prop 65 60-Day Notice (And How to Resolve It)

What a Prop 65 60-Day Notice Means

If your business has received a 60-day notice under California Proposition 65, you are in a pre-litigation phase. This notice is issued to your company, the California Attorney General, and local prosecutors, indicating that a private party intends to file a lawsuit if the issue is not resolved within 60 days. :contentReference[oaicite:0]{index=0}

Why Immediate Action Is Critical

• Potential penalties of up to $2,500 per day per violation
• Most enforcement actions are initiated by private parties
• The majority of cases are resolved through settlement rather than litigation

Time is a critical factor once a notice has been issued.

Can You Resolve a Prop 65 60-Day Notice?

Yes. However, resolution requires a structured and strategic approach. Ignoring the notice significantly increases risk.

1. Correct the Issue Immediately

Taking corrective action is often the most effective first step. This may include:

• Adding compliant Prop 65 warning labels
• Updating warnings on websites and product listings
• Reformulating products to reduce exposure levels

Prompt action demonstrates good faith compliance and can reduce potential penalties.

2. Negotiate a Settlement

Most Prop 65 cases are resolved through settlement. Typical settlements include:

• Civil penalties, with a portion allocated to the state
• Attorney’s fees
• Commitments to maintain compliance going forward

Demonstrating corrective action and providing supporting documentation can improve settlement outcomes.

3. Challenge the Claim with Supporting Evidence

A claim may be challenged if strong technical evidence is available. Potential defenses include:

• Exposure levels below safe harbor thresholds (NSRL or MADL)
• Laboratory testing data contradicting the claim
• Incorrect exposure assumptions

This approach typically requires ISO 17025 laboratory testing, exposure assessment, and technical analysis.

4. Evaluate the Validity of the Notice

Some notices may be defective due to procedural issues, such as:

• Incorrect product identification
• Missing required information
• Improper service

If deficiencies are identified, the claim may be subject to dismissal.

5. Demonstrate Existing Compliance

If your business already had compliant warnings, exposure levels below thresholds, and supporting documentation in place, you may have a defensible position.

6. Apply Safe Harbor Protections

If your product meets established OEHHA safe harbor levels and uses compliant warning language, liability exposure may be reduced.

Common Mistakes Businesses Make

• Assuming a warning label alone is sufficient
• Failing to perform exposure assessments
• Relying solely on supplier information
• Not maintaining supporting documentation

Prop 65 compliance requires a complete system—not a single corrective action.

Building a Defensible Compliance System

To reduce risk and prevent future notices, businesses should implement structured compliance systems that include:

• Chemical risk assessment records
• Supplier disclosure documentation
• Laboratory testing review logs
• Exposure assessment calculations
• Warning justification files
• Ongoing compliance monitoring records

How Prop65Compliance.com Supports Businesses

Prop65Compliance.com provides compliance support services focused on monitoring, documentation, and technical evaluation. Services include:

• Laboratory coordination and verification
• Exposure assessment support
• Compliance documentation systems
• Ongoing monitoring and reporting

Important Notice

Prop65Compliance.com is not a law firm and does not provide legal advice or legal representation. Businesses should consult qualified legal counsel for litigation strategy or legal defense.

Final Considerations

A Prop 65 60-day notice typically results in one of the following outcomes:

• Resolution through corrective action and reduced exposure risk
• Settlement with negotiated penalties and compliance commitments
• Escalation due to lack of response or insufficient defense

A structured and well-documented compliance approach significantly improves outcomes.

Next Steps

If your business has received a Prop 65 notice or wants to reduce future risk, implementing a comprehensive compliance system is essential. Proper documentation, testing, and monitoring provide the foundation for defensible compliance.