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.