Prop 65 Roundup - September 2026

Prop 65 Counsel: What To Know

No Second Bite: Court Rules Prior Consent Judgment Bars Subsequent Prop 65 Claims

On July 31, the California Court of Appeal, Second District, affirmed the dismissal of a Proposition 65 enforcement action in Consumer Protection Group, LLC v. Signal Brands, LLC, holding that a prior consent judgment entered in a separate private enforcement action barred a subsequent lawsuit involving the same alleged chemical exposure.

Scan, Click, Comply: Prop 65 Omnibus 2026 Amendments Reshape Warning Rules

OEHHA has initiated its Proposition 65 “Omnibus 2026” rulemaking process, proposing a series of amendments that could significantly affect how businesses provide warnings under California’s Proposition 65 program. The proposed changes address several compliance areas, including online and internet purchase warnings, retailer responsibilities, the use of QR codes and electronic warnings, and revisions to existing warning regulations.

Updated Proposition 65 Chemical List Published

On July 31, the Office of Environmental Health Hazard Assessment (OEHHA) published an updated Proposition 65 chemical list, which contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. The list serves as the foundation for Proposition 65 warning and compliance obligations and is periodically updated to reflect newly listed chemicals and other regulatory changes. Businesses should review the most recent version of the list to identify any substances relevant to their products, operations, or supply chains, and evaluate whether additional compliance actions may be warranted.