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. 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 our summary for September 2022:
– Slight uptick vs. last month (August = 299),

– Cosmetic products were again heavily targeted in relation to titanium dioxide (27 NOV); due to a lack of NSRL, even minute levels of theoretical airborne exposure can trigger costly issues for companies in the beauty sector.

– Another concerning finding is that a number of beauty products were targeted for methyleugenol (a natural constituent of various herbals that should NOT be relevant). The only possible
consideration is if the herbals are not also considered foods to any degree. This would seem to be an extremely detailed and trivial approach to targeting these substances….

Prop 65 September

Most of these hundreds of violations were avoidable if companies had conducted just a little bit of due diligence – we can help you avoid these issues. Ask us how!