Prop 65 trends

Prop 65: Annual NOV Summary (2018)

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!

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