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.

Prop 65: Annual NOV Summary (2018)

Prop 65 trends

Proposition 65 NOV Enforcement Summary for 2018

California Proposition 65 is enforced through civil litigation through the issuance of a Notice of Violation (NOV) by an enforcing party to a company whose product(s) are allegedly not in compliance with this statute.

We wrote about the potential costs of receiving an NOV here. Each year the Attorney General’s office publishes a summary of the settlements that occurred, including the total number of settlements for each enforcing party, the total monetary value of those settlements, and a breakdown of how much of those settlements went to the civil penalty portion and how much went to the plaintiff lawyers.

For 2018, there was a total of 2,364 NOV issued, with 829 of those ending up with a settlement. The total amount paid out by industry was almost $35.2 million (~$42,000 per settlement) and 77.5% of that went right to those lawyers.

A summary of these results for the last 7 years is provided above. It clearly shows that Prop 65 enforcement action is continuing at full speed and the lawyers are making a bundle off of companies in all industries.

As we’ve mentioned before, proactive due diligence steps can help ensure you are not only compliant with the regulation, but also reduce the potential for enforcement action and lower any settlements that do come about.

If you have questions about these results or California Prop 65 compliance in general, feel free to reach out to learn more – we help make compliance simple!

Prop 65 NOV Summary: March 2019

Proposition 65 Enforcement

NOV Summary – Enforcement Trends for March 2019

As mentioned in our previous post, alcohol retailers were especially targeted in the last few months and that trend continued in March. An interesting uptick we noted is food products being targeted for furfuryl alcohol, a chemical naturally produced during cooking (similar to acrylamide). It does not have a safe harbor level derived yet. If this trend continues, food companies that bake/roast their products could be at heightened risk of enforcement action.

Not clear how a solid cedar plank exposes consumers to excessive wood dust…nice try bounty hunters!

If you have questions about Proposition 65 compliance – reach out for a free consultation with our experts!

Prop 65 NOV Summary: February

Proposition 65 Enforcement

The usual products/chemicals being targeted last month. One interesting change is the large increase in NOVs issued to online alcohol retailers (39 in just one month). Hesitating to address your Prop 65 compliance can mean being targeted and not having a leg to stand on => very costly mistakes!

Reach out to RegTox today to learn how we can help you determine your compliance and help reduce your enforcement risks. Free consultation, affordable pricing.