Proposition 65 private enforcers continue to evaluate the products of jewelry companies for Proposition 65 issues. During the first 6.5 months of this year, seven jewelry companies were targeted in new “Notice of Violation” letters. Six of the seven notices were for the presence of a plastic softener, DEHP, in jewelry boxes, cases, bracelets and organizers. Although serious issues have been raised as to whether DEHP in products like these actually requires a Proposition 65 warning, this area remains a popular focus of several private enforcers. Companies also should be mindful that other phthalates used to soften plastic also are regulated by Proposition 65: DBP, DINP, BBP, DIDP, DnHP. One notice of violation this year focused on lead in brass jewelry and craft tools. The enforcement history against jewelry companies in 2020 is consistent with this 2021 description. Companies should remain mindful that heavy metals such as lead and cadmium are regular targets of Proposition 65 enforcement actions.
Jewelry companies are reminded that the Proposition 65 regulations for “clear and reasonable” warnings pursuant to Proposition 65 changed in 2018, and may change again later this year because of a pending proposal to significantly alter the “short form” Proposition 65 warning option. For the latest information, please consult oehha.ca.gov.