California Proposition 65 is a unique regulation that brings separate compliance requirements from all other regulations in the US (or abroad) and is enforced through civil litigation (via issuance of a Notice of Violation, or “NOV”). At the beginning of each month we take a quick look at an enforcement summary for the previous month to highlight the types of products being targeted, how frequently, and any new trends in enforcement action that may appear.

Hopefully these posts will raise a flag for any company selling these types of products into California so they can take a careful look at their products and get ahead of any potential enforcement actions, which can be very costly!

Here is our summary for February 2022:

– violations are slightly up from previous month (222 vs. 188)
– most other NOVs fall in line with typical patterns.
– beta-myrcene in CBD lip balm is likely exempt (naturally present)!
– the amount of inhalation exposure to TiO2 or asbestos from cosmetics is likely negligible (asbestos likely being an inadvertent contaminant in another mineral ingredient) but still need to be very careful with impurities!

Prop 65 February 2022

It is clear that bounty hunter lawyers are always hunting for companies caught unprepared and these updates show that they are relentless. Ask me how to protect your business!

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