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”). 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 appear.
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 actions, which can be very costly!
Here is our summary for March 2022:
– on par for last month (~222 NOV).
– acrylamide jumped last month, although this should come to a halt with the reinstated injunction against acrylamide enforcement I posted about previously.
– hexavalent chromium popped up again with a number of NOV in leather goods.
– PFOA was targeted several times in paper straws (PFOA and PFOS have been in the news a lot and OEHHA listed PFOA as a carcinogen in February) so this is something companies in certain sectors should have on their radar.