“Since August 2018, when California’s Proposition 65 regulations were overhauled, we have seen additional refinement in the regulations, a steady stream of notices of violation and heightened attorney general enforcement in key areas.

Recent Developments

Notices of Violation

The best source of information about Prop 65 is the database of publicly available notices of violation. In my survey of notices filed since mid-December, I note that they cover a wide range of common consumer products as set forth below:

  • Acrylamide: Ice cream cones, frozen waffles, burgers, fried chicken and fried fish;
  • Arsenic: Dried shrimp and seaweed;
  • Bisphenol A: IPhone cases and sunglasses;
  • Cadmium and cadmium compounds: Seaweed, anchovies, dietary supplements and spinach;
  • Di(2-ethylhexyl) phthalate, or DEHP: Totes, home cases, comforters, jump ropes, bicycle grips, armbands, bat quivers, purses, ratchet tiedowns and vinyl clutches;
  • Diisononyl phthalate, or DINP: Purses, school bags with plastic components, polymer cosmetic bags, fanny packs with plastic components, outdoor patio cords, oxygen bags and coolers;
  • Lead and lead compounds: Ceramic mugs and dishes, glassware, dried seaweed, wallets, canned squid, torches, embroidery hoops, ground spices and dietary supplements; and
  • N-nitrosodimethylamine: Over the counter ranitidine (heartburn) drugs.

DEHP and DINP are the biggest targets, as they have been for many years. It appears the plaintiffs bar and noticing parties are also tracking U.S. Food and Drug Administration trends, and piggybacking on regulatory action taken by the FDA.

This is especially true with respect to ranitidine, a popular heartburn medicine containing the alleged cancer-causing chemical N-nitrosodimethylamine, or NDMA. Since late last year, many companies have issued voluntary recalls of ranitidine after the FDA issued a statement alerting patients and health care professionals that NDMA samples were found in ranitidine.”

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