California Proposition 65
November 8, 2022 | Written by GreenSoft Technology, Inc.
Nearly 100% Increase in California Proposition 65 PFAS Enforcement Notices in October
Private CA Prop 65 enforcers increasingly targeting PFAS for enforcement actions
On October 26, the National Law Review reported a nearly 100% increase in the number of enforcement notices targeting PFAS substances regulated under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) during the month of October.
The Office of Environmental Health Hazard Assessment (OEHHA) lists or has proposed to list six types of PFAS as chemicals known to cause cancer or reproductive harm under California Proposition 65: PFOA, PFOS, PFDA, PFHxS, PFNA, and PFUnDA.
The increase in notices filed against companies tend to target PFOA and PFOS substances in products. While PFOA and PFOS have largely been phased out of use in the United States, they continue to be manufactured overseas and are used in products or components used in finished goods that are ultimately sold in the United States.
The most recent notices filed against companies have targeted various home goods and textile products, including umbrellas, shower liners, bath pillows, jackets, bibs, crib mattress pads, and tablecloths.
These notices demonstrate that private enforcers of California Proposition 65 are increasingly targeting PFAS “forever-chemicals” for enforcement actions. Learn more about private enforcement under CA Prop 65 from our short video here.
Read the National Law Review’s full article here.
GreenSoft Technology’s Proposition 65 services can help protect companies from potential enforcement and penalties
Companies subject to the California Proposition 65 regulation are required to inform Californians about exposure to substances on the CA Prop 65 chemicals list before the potential exposure takes place. Penalties for being found in violation of CA Prop 65 can be as high as $2,500 per violation, per day.
With the increase in California Proposition 65 enforcement actions and the exponential penalty amounts, it is essential for business to protect themselves from violation notices and lawsuits.
Compliance with CA Prop 65 requires businesses to have detailed knowledge of the chemicals that their products or business locations contain and expose to the California public. In order to know which chemicals are exposed to the public, a business must collect substance data on the products that it sells to the public in California or the products that it uses within its California business locations.
GreenSoft Technology can help with this process. As part of our California Proposition 65 Data Services, we will collect substance data from your suppliers on your behalf, and check it against the list of chemicals regulated under CA Prop 65.
Contact us to learn more.