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 2021:
– relatively typical month of enforcement activity,
– 2 CBD oils have been targeted for THC (with no SHL, best practice would be to ADD the warning!)
– the risk of asbestos/titanium dioxide in eye shadow is likely entirely negligible, but so goes Prop 65 enforcement!
Total NOV issued in 2021: 3181
[slightly below 2020: 3514 but still well above 2019: 2410]
Bounty hunter lawyers are always hunting for companies caught unprepared…..will your company wait until targeted – potentially costing tens of thousands of dollars? Ask me how to protect your business!
