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 actions, which can be very costly!
We missed September so posting a double!
– both months saw comparable levels of enforcement (compared to ~335 in August).
– a lot fewer targets outside of the main 3 (metals, phthalates, and acrylamide)
– BPA in in socks is a new one and could hit many companies (there was a publication in 2019 that measured BPA in socks: https://lnkd.in/gPhaJynJ and thus, emerging scientific publications could point to new areas of enforcement)….
Bounty hunter lawyers are always hunting for companies caught unprepared and are frankly very successful. Avoid being targeted. Ask me how to protect your business!