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 November 2025:
- Overall, enforcement is stable compared to October (316 vs. 308)
- A wide assortment of foods continue to be targeted in relation to primarily lead
- this is a tremendous area of enforcement that is complicated by the fact that even though food companies can have strict (regulatory compliant) quality and contaminant controls in place, minute contributions from all ingredients can result in detectable levels of heavy meals in the finished goods. Unless specifically tested, leaves a huge gap through which enforcers find opportunities.
- PFOA/PFOS enforcement continues to rise:
- Of particular concern are additional NOV for personal hygiene products, foods and protein powders
- Despite numerous settlements for hexavalent chromium in leather goods, which set very clear de facto industry limits, products are still relatively frequently found with elevated chrome VI.
Reach out to our experts to learn about how your company can avoid Prop 65-related enforcement!
