Proposition 65 enforcers have kicked off the new year with a bang. Citizen enforcers (AKA bounty hunters) have issued 264 new notices of violation in January 2019, and they have only just begun to rack up settlements related to notices of violation. It is evident that recent trends in citizen enforcement continue to target products containing phthalates and lead and lead compounds.
There has been more activity concerning alcoholic beverages than in recent years as a result of modifications made to alcoholic beverage warnings near the end of last year.
Citizen enforcers have concentrated their efforts in household products found in big box stores and discount dollar stores recently. Certain food products such as raw cacao containing cadmium and clam meat that allegedly contains lead were also issued notices of violation. Marijuana entrepreneurs can expect to be targeted by Prop 65 citizen enforcers this year and beyond. It is a good time to carefully check that your product warnings comply with the latest warning language for their application.