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 March 2021:
– acrylamide was still high but we will see a drop in NOV due to the injunction against food containing acrylamide, which is great news!
– some bounty hunter that doesn’t understand the meaning of “naturally occurring” targeted thyme and peppermint for naturally occurring chemicals….
– workout bands were targeted for obscure contaminants/residual byproducts of manufacturing; however, these can be found in a range of plastics, food, cosmetics. need to keep an eye on
– usual issues with phthalates, heavy metals, BPA, and hexavalent chromium we have seen previously.
Bounty hunter lawyers are always hunting and clearly making easy money from companies caught unprepared…..will your company wait until targeted (potentially costing you tens of thousands of dollars)? Ask me how to protect your business!