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 February 2025:
- Despite a few less days in the month, NOV count was comparable to January (340 vs. 337),
- One more NOV was issued for BPS in thermal receipt paper.
- Cosmetic products continue to deal with numerous NOV related to DEA and nitrous oxide,
- BPA is being identified in various foods products (but all from a single brand)
- PFOS/PFOA again found in a range of products
- Furniture wax targeted for toluene in 5 NOV.
