Responding to a Prop 65 60-day notice

A Prop 65 60-day notice is a letter from a private enforcer (or the California Attorney General) alleging that your product exposes Californians to a listed chemical without a warning. It's not a lawsuit yet — but the 60-day window starts a clock. Failing to respond strategically in those 60 days is what turns a $5,000 settlement into a $50,000 one.

What the notice contains:

• The chemical alleged (e.g., lead, BPA, DEHP)
• The product or product category at issue
• Where the alleged exposure occurred (retailer, online listing)
• Citation to the specific Prop 65 listing entry
• The enforcer's contact information and demand

Your three options in the 60-day window:

1. Cure — add a Prop 65 warning label to the product going forward and document the change. Cure can resolve the matter without payment if the enforcer accepts.
2. Settle — negotiate a payment + injunctive relief (warning labels going forward + sometimes reformulation). Typical settlements range $2,500–$25,000 for a single chemical, more for multi-chemical or repeat offenders.
3. Defend — challenge the allegation. Most common defenses: exposure below safe-harbor (your assessment is the evidence), the chemical isn't in the product (lab test), retailer not seller of record (CPSC pre-emption arguments).

TIP: Gather these 5 documents immediately: (1) the exposure assessment if you have one, (2) lab tests showing chemical concentration, (3) sales data into California for the period, (4) supplier disclosures or COAs for the product, (5) any prior Prop 65 correspondence. Without these, you're negotiating blind.

Timeline reality:

• Days 1–10: gather documents, review the notice, decide on counsel (specialized Prop 65 counsel — generalists overpay)
• Days 10–30: respond to the enforcer with your position. Silence is the worst move — it signals weakness and accelerates filing
• Days 30–55: negotiate, exchange information, draft settlement or cure plan
• Day 60+: if unresolved, the enforcer can file. Settlements after filing cost 2–4x more

WARNING: Prop 65 settlements are public record (filed with the California AG). A pattern of settlements signals an enforceable target — invest in safe-harbor exposure assessments to break the cycle.