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!
Here is our summary for January 2023:
– Slight drop in NOV vs. previous month (December = 314),
– Eyeshadow/Blush-type cosmetics: another 45(!!) NOV last month targeted in relation to titanium dioxide in various cosmetics; any company selling these types of products (if they have not already been targeted) should take immediate action to protect themselves.
– Other cosmetics: diethanolamine (9) and benzene (4) were allegedly found in other types of cosmetics.
Clearly the enforcement against cosmetic companies is an ongoing issue that has continued since ~September of 2022.
RegTox helps companies address compliance and avoid enforcement – do not hesitate to reach out with any questions!
