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 July 2025:
- Big jump in NOV count vs. June (622 vs. 400) – almost entirely related to BPS in thermal papers
- BPS NOVs (for thermal receipt papers) are the second largest category behind heavy metals.
- These are easy targets and we’ll see how well the bounty hunters do, since there is no SHL for BPS, companies may find themselves in hot water without a solid defense.
- PFOA/PFOS continue to be found in clothes, but also a few food items.
- Vitamin A supplements have seen an increase in NOV related to retinol (presumably the daily dosages are in excess of 10,000 IU or 3,000 retinol equivalents, which triggers a warning)
- Heavy metals (mostly lead) are being found in a nearly endless list of food products, which is a huge issue for many food sectors.
Reach out to our experts to learn about how your company can avoid Prop 65-related enforcement!
