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 May 2021:
– issued NOVs almost doubled from last month.
– tools that create wood dust (saws, sandpaper, dremels, steel wool?) were heavily targeted for wood dust exposure (this would not pose a serious cancer risk…but without an NSRL, companies may have issues),
– asbestos in eyeshadow is surprising but again, not realistically associated with significant inhalation exposure.
Bounty hunter lawyers are always hunting (and clearly making easy money from) companies caught unprepared…..will your company wait until targeted – potentially costing you tens of thousands of dollars? Ask me how to protect your business!