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!
Enforcement Summary for May (2026):
- 23% jump in enforcement in May vs. April (609 vs. 496) with a continued expansion of food contaminants.
- Mycotoxins emerged as a new Prop 65 food-contaminant trend in May, with a clustered wave of notices targeting aflatoxins and related mycotoxins (ochratoxin A, fumonisin B1) in dried fruits, fig/date products, nut/seed products, and corn-based foods. The May notices suggest a coordinated expansion beyond typical heavy metal-focused food product enforcement.
- PFOS/PFOA food enforcement continues to be notable in food products (mostly seafood) but also in those for infant/toddlers (pouches, puffs), as well as apparel.
- Lead (and cadmium) appeared in approximately 72% of notices, primarily related to food products.
- Heavy metals will continue to present as a significant burden on food manufacturers/retailers
These notices can quickly turn into costly enforcement, remediation, and reputational risk. If your company sells products in any of these categories, proactive risk management is almost always easier (and less expensive) than responding after a claim is filed.
