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 May:
- NOV count is back up to usual levels (300 to 350; there were many amendments last month)
- Appears that bounty hunters are finding PFOS/PFOA in consumer products and this trend is expected to continue – companies should really move fast to ensure they add warnings if they use PFOS/PFOA in their products (although legislation spreading throughout different states is pressing essentially for total removal).
- BPA in athletic wear was in the news with a small handful of NOV being issued.
- Titanium dioxide NOV from previous months are being adjusted but very few new cases.
- DEA continues to be found in a handful of cosmetic products by enforcing parties.
- THC found in cannabis products – these sorts of NOV are too easy for bounty hunters. These products should all have warnings across the board.
RegTox helps companies address Prop 65 compliance and avoid enforcement – do not hesitate to reach out with any questions!
