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”). A single violation can cost a company upwards of $50,000 or more. 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 have appeared.
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!
California Proposition 65 Enforcement for December 2024:
- December ended with similar NOV to November (394 vs. 386),
- Cosmetics are still very frequently targeted for DEA: uptick in enforcement over previous months (second highest category)
- PFOA found in various types of products, including various food products. This will likely be an ongoing issue heading into 2025.
- Cannabis products continue to be targeted for not having labels.
2024 by the numbers:
- NOV issued in 2024: 5398 (vs. 4142 in 2023), a 23% increase.
- Top chemicals: Lead (2307 NOV); diethanolamine (1043 NOV); phthalates (853 NOV); cadmium (396 NOV); unleaded gasoline (221 NOV); PFOA (214 NOV); titanium dioxide (150 NOV)
Most of these costly violations were avoidable. RegTox helps companies address Prop 65 compliance and avoid enforcement – we hope you reach out with any questions!
