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 the summary for July:
- Apparent jump in NOV count vs. last month (435 vs 379), however, there were numerous amendments and withdrawals.
- Unleaded gasoline was targeted in a large number of NOV for lacking warnings at service stations (includes numerous withdrawals)
- Several NOV for hexavalent chromium in leather goods.
- Numerous (17) new blush/eyeshadow products targeted for titanium dioxide after a few months of limited activity.
- BPA NOV have mostly dropped off, while no enforcement activity for PFOS/PFOA.
RegTox helps companies address Prop 65 compliance and avoid enforcement – do not hesitate to reach out with any questions!
