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 what we saw for January 2024:
– Enforcers were hungry after the holiday season lull (509 NOV vs. 344 in December).
– Service stations continue to rack up NOV for unleaded gasoline exposure
– Numerous cosmetic/beauty products targeted for diethanolamine.
– Heavy metals in food and supplement products continue to be heavily targeted.
– Of most interest perhaps was the spike in PFOA/PFOS (and PFNA – perfluorononanoic acid) NOV against name brand jackets, umbrellas, and a few other products (17 in total).
Most of these costly violations were avoidable. RegTox helps companies address Prop 65 compliance and avoid enforcement – do not hesitate to reach out with any questions!
