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 October 2025:
- Overall, enforcement is down from September (which was also down from the highs of July and August, driven primarily by the glut of BPS enforcement): NOVs vs. September (308 vs. ~353) [after removing amendments]
- Once again nearly all BPS entries were amendments.
- PFOA/PFOS reported in various consumer goods, including clothes, dental floss, protein powders, seafood.
- Heavy metals (mostly lead) continue to be found in an 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!
