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.

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