Proposition 65 Enforcement Summary: May 2020

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 costly enforcement action. Here is our monthly California Proposition 65 Enforcement Summary for May 2020 – learn about the trends and issues to help protect your business.

– Overall, the total number of NOVs dropped to just below 200, which seems to follow a trend related to the pandemic lock-down: March = 348 NOV; April = 236; March = 195. As California opens up (including the courts), we’ll see at the end of June which way the trend will go.

– Seafood (clams, oysters, mussels) appeared to have increased enforcement activity for heavy metals over previous months (seaweed and supplements are always being targeted).

– Waffles were particularly hit for acrylamide and heavy metals last month.

– Although currently in very low numbers, food products with BPA are popping up each month.

– Furan is interesting as well, as it is a thermal processing by-product, similar to acrylamide and furfuryl alcohol. Hopefully this does not become a trend.

Prop 65 May

Stand tuned for further updates and if you have any questions, reach out! A proactive approach can protect your business from costly enforcement activity before it is targeted.

Proposition 65 Enforcement Summary: February 2020

Proposition 65 Enforcement

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 what we found:
– acrylamide saw a large uptick over January (40 vs. 7),
– numerous grain products targeted for heavy metals among usual products,
– hex chromium again found in leather products (gloves).

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.

Proposition 65 Enforcement Summary: January 2020

Proposition 65 Enforcement

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 what we found:
– NOVs related heavy metals had a large uptick from last month (78 vs. 50; many in seaweed products, as well as the usual products)
– phthalates = usual targets
– nearly all other chemicals fell away last month.

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.

Proposition 65 Enforcement Summary: November 2019

Proposition 65 Enforcement

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.

Proposition 65 Enforcement Summary: October 2019

Proposition 65 Enforcement

Enforcement Summary for October 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.

proposition 65 enforcement

Here is what we saw in October:

– acrylamide NOV jumped up again (perhaps bounty hunters are trying to get them in while they still can*);

– hexavalent chromium in leather continues to be an issue;

– BPA had a small uptick in kitchenware items;

– alcohol in kombucha is a new one!

Being targeted with an NOV can be very costly – but it is easily 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.

*The California Chamber of Commerce filed a lawsuit against the Attorney General to stop the need for Prop 65 warnings for acrylamide in food and beverages – we will continue to follow this case.

Proposition 65 Enforcement Summary: September 2019

Proposition 65 news

Proposition 65 Enforcement Summary – September 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.
Prop 65 NOVThoughts on what we saw:

– drop in overall NOV issued (163 vs. 216 in Aug.);
– significant drop in acrylamide targets (3 vs. 31 in Aug.);
– hexavalent chromium is back on the radar for leather products;
– all the same issues for phthalates (in consumer products such as bags/cases, tools etc.) and heavy metals (dietary supplements, food).

Being targeted with an NOV can be very costly – but it is easily . 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.

Proposition 65 Enforcement Summary: July 2019

Proposition 65 Enforcement

Proposition 65 Enforcement in July 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.

Here is what we saw:

– uptick in NOVs issued from previous month (from 151 in June);

– food companies continue to get hammered for acrylamide (widely present in foods and unlikely to slow down);

-7 chemical/biotech supply companies were targeted for every single Prop 65-listed chemical (it doesn’t make any sense, since they list chemicals like “leather dust” and “wood dust”, which are not at all relevant to what is being sold). The plaintiffs are alleging that the chemicals are being sold without Prop 65 warnings, but I think they went over-board on this one;

-hexavalent chromium in leather gloves comes up again.

Being targeted with an NOV can be very costly – but it 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.

Proposition 65 Enforcement Summary: June 2019

Proposition 65 Enforcement

Proposition 65 Enforcement

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.

Most interesting points from last month:
– Perhaps bounty hunters started their vacations early as the number of NOV dropped in June by ~30% (down to ~151) compared to previous months.

– NOV targeting acrylamide in foods outnumbered heavy metals, and dark chocolate products frequently targeted (food companies take note!);

– packaging/cases for bedding were hit with a number of NOV for phthalates;

– first NOV against incense for carbon monoxide (seems like a stretch).

Being targeted with an NOV can be very costly – but it 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.

Prop 65 NOV Summary: May 2019

Proposition 65 Enforcement

Proposition 65 NOV Summary (May)

– usual issues with phthalates and heavy metals;

– significant uptick in food products being targeted for acrylamide  (month over month);

– out of the ordinary = leather gloves being targeted for hexavalent chromium (6 NOVs in last 2 months)

It’s a shame so many companies get tangled up with expensive enforcement action, when a small amount of proactive due diligence might have avoided these issues. Don’t wait to be targeted to address Prop 65 – RegTox is here to answer questions and support your compliance needs.

Prop 65 NOV Summary: April 2019

Proposition 65 Enforcement

Here is the California Proposition 65 NOV summary for April. Slight uptick from last month overall, but the key  takeaway is that food companies need to pay attention regarding  acrylamide (double the NOV from last month). Companies also need to watch for more PFOA  targets.


If you have questions about California Prop 65 compliance, contact us today to learn more.