It has been over six weeks since the new changes to California’s Proposition 65 took effect. A quick look at the recent 60-day Notices of Violation shows that the Plaintiff’s bar is targeting all types of consumer products, with a sharp focus on products containing phthalates – DINP, DEHP and DBP. There have also been numerous notices filed related to “Designated Smoking Areas” which is one of the specifically enumerated places where the new warnings must be placed. This is one example of “low hanging fruit”– because the only thing Plaintiffs have to do is look for a sign. If the required sign is not there or the warning is incorrect, your business will undoubtedly receive a notice of violation.
The food and supplement industry is also vulnerable right now. Many of the recent notices involve spices, nut butters and dietary supplements. For the automotive industry, a notice was filed against Pep Boys for selling vehicle lights with suction cups that contain DEHP. In the true consumer products arena, pouches, bags, goggles, earmuffs, earbuds/cords, hangers and backpacks are all subject to violations largely related to vinyl components and the alleged presence of phthalates.