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.

Here is our summary for October:

– Notices against food products containing acrylamide surpassed notices targeting heavy metals. This is an on-going issue that will hopefully addressed when new regulations come about with “permissible” levels of acrylamide.

– BPA targeted in many phone cases etc – this despite the fact that BPA migrates very little at ambient conditions from hard plastics…

– DEA (diethanolamine) continues to be found in various cosmetics; although very questionable how much is present in mascara products that would constitute a risk…

– Formaldehyde in bed sheets and pillow cases is interesting: there is a chemical process that is applied to “wrinkle-free” bedding that includes formaldehyde. I wonder about how long the gas is present however.

Prop 65 October

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.