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 costly enforcement action. Here is our monthly California Proposition 65 Enforcement Summary for May 2020 – learn about the trends and issues to help protect your business.

– Overall, the total number of NOVs dropped to just below 200, which seems to follow a trend related to the pandemic lock-down: March = 348 NOV; April = 236; March = 195. As California opens up (including the courts), we’ll see at the end of June which way the trend will go.

– Seafood (clams, oysters, mussels) appeared to have increased enforcement activity for heavy metals over previous months (seaweed and supplements are always being targeted).

– Waffles were particularly hit for acrylamide and heavy metals last month.

– Although currently in very low numbers, food products with BPA are popping up each month.

– Furan is interesting as well, as it is a thermal processing by-product, similar to acrylamide and furfuryl alcohol. Hopefully this does not become a trend.

Prop 65 May

Stand tuned for further updates and if you have any questions, reach out! A proactive approach can protect your business from costly enforcement activity before it is targeted.