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!
California Proposition 65 Enforcement for August 2024:
- Comparable NOV to July (455 vs. 488)
- Heavy metals is the most frequent chemical category targeted in August.
- PFOA continues to be found in a growing number of consumer goods (4th most frequent category).
- Acrylamide enforcement continues to be seen in various foods (note: in April 2024, OEHHA proposed new safe harbor warning regulations, but these have not yet been adopted).
Most of these costly violations were avoidable. RegTox helps companies address Prop 65 compliance and avoid enforcement – we hope you reach out with any questions!