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”). A single violation can cost a company upwards of $50,000 or more. 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 have appeared.
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!
California Proposition 65 Enforcement for September 2025:
- Significant drop in NOVs vs. August (~353 vs. 615 – [after removing amendments])
- Nearly all BPS entries were amendments
- BPA had an uptick in various products, including thermal receipt paper
- PFOA/PFOS in various consumer goods, including clothes, feminine personal care products, protein powders, sardines.
- Here’s an odd one: bracken fern was apparently found in K-cup coffee?! Not clear what is going on here.
- Heavy metals (mostly lead) continue to be found in an endless list of food products, which is a huge issue for many food sectors.
- Horse accessories industry was targeted last month: saddle bags (PFAS) and hoof picks (phthalates). Those bounty hunters will look across all sectors in their search for “non-compliant” products…
Reach out to our experts to learn about how your company can avoid Prop 65-related enforcement!
