Proposition 65 Enforcement

Proposition 65 Enforcement Summary: November 2019

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 action.

enforcement summary

Here is what we found:
– slight drop in NOV issued from previous month (188 vs 155);

– BPA has popped up again in a few products (after the numerous BPA in thermal paper NOVs from 2018 [14], October and November of this year have seen BPA come back on the radar).

– the formaldehyde in uniforms is an interesting one (last year numerous airlines and uniform manufacturers were targeted for formaldehyde, seems the manufacturer has been targeted again for both consumer and occupational exposures);

– the usual products targeted otherwise.

Being targeted with an NOV can be very costly – but in most cases is avoidable. Get ahead of the curve by talking with our experts before you are targeted with enforcement action! It’s free to chat and you will be glad you did.