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 March 2024:
– Similar NOV numbers to February (443 vs. 343 NOV in Feb; although only 337 were new).
– Many titanium dioxide-containing cosmetic products continue to be targeted with NOV.
– A few cosmetic/beauty products were also targeted for diethanolamine (DEA)
– PFOA/PFOS NOV were targeted in rain jackets/pants, umbrellas, and a few other products (13 in total).
– Seems enforcers have hit every single gas station in California (after hundreds of NOV issued over last 6 months, it has now dropped to zero!).
Most of these costly violations were avoidable. RegTox helps companies address Prop 65 compliance and avoid enforcement – we hope you reach out with any questions!
