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 the summary for August, 2020:
– fishing tackle was highly targeted last month for lead (27 by the same plaintiff via major online retailers).
– various cosmetic/beauty products targeted for diethanolamine.
– acrylamide is still a thorn in the side of food companies, including those making baby pouches.
– formaldehyde in bamboo pillowcases – that’s a new one….

Prop 65 August 2020

Given the closure of the acrylamide-coffee case (for now) and the regulation exempting coffee, I hope there might be relief for food manufacturers in the future as well (in the works). Acrylamide in food from baking/roasting is just not a safety issue and the regulations need to catch up!

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.

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