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 December:
To close out the year, there were 293 NOV issued last month.
This puts 2020 at ~3,502 NOV (vs. ~2,410 in 2019), which is a big jump. Still lots of companies not paying enough attention to Prop 65, so enforcing parties continue to find plenty of easy targets.
Settlement summaries are still not out for 2019 even, but the trends suggest that 2020 could be a record year (in 2018, with ~2400 NOV issued, total settlements exceeded $35-million).
Being targeted with an NOV can be very costly – but in most cases is avoidable. Get ahead of the curve by talking with our experts before you are targeted with enforcement action! It’s free to chat and you will be glad you did.