Jumping into this thread because I just went through a Prop 65 enforcement action and wanted to share what I learned the hard way. I sell handmade candles on Etsy and my own Shopify store, and in November 2025 I received a 60-day notice letter from a private enforcer claiming my soy candles contained chemicals on the Prop 65 list, specifically diethylhexyl phthalate from my fragrance oils.
I hired an attorney who specializes in Prop 65 defense and here is what I wish I had known earlier. First, the 60-day notice is required before they can file a lawsuit, and during that window the California Attorney General can intervene. Second, the enforcer offered to settle for $12,000 which my attorney said was actually on the low side for these cases. We ended up settling for $7,500 plus an agreement to add compliant warnings going forward.
The real cost was not just the settlement though. I spent about $4,000 on lab testing to determine which of my fragrance oils triggered the issue, and another $3,000 in attorney fees. So roughly $14,500 total. For context, my annual revenue is about $180,000 so this was a meaningful hit.
My advice to anyone selling candles, ceramics, jewelry, or anything with chemicals: do not wait for a notice. Get your products tested proactively. There are labs that do Prop 65 screening panels for $200-400 per product. That is much cheaper than a settlement. And install one of those Shopify warning apps immediately. The $10 per month is the cheapest insurance you will ever buy.
Also worth noting that OEHHA updated the list again in late 2025 and added several new chemicals. The list keeps growing so this problem is only getting worse for ecommerce sellers.