Despite the pandemic, 2020 was a record year for Prop. 65 filings. There was a 46% increase in Notice of Violation filings from 2019, driven by the usual filers, as well as many new law firms and noticing parties. There have been 1,346 notices filed between Jan. 1, 2021 and June 3, 2021, compared to 1,327 Notices filed in the same time-period in 2020. These Notices consist primarily of phthalates, lead, cadmium, arsenic, BPA and acrylamide. General consumer goods such as bags, purses, supplements, spices, saws, sandpaper, makeup, exercise bands and gloves continue to top the list.

Department of Justice Updates

The Attorney General's office closely monitors Notice of Violation filings, and in 2021 has already sent four publicly posted warning letters to noticing parties and their counsel. The recent letters state that the Notices failed to provide sufficient information to indicate there is a credible basis to conclude that there is merit to each element of the action on which plaintiff will have the burden of proof. The letter asks counsel to withdraw the Notices immediately. The Notices involve lead in dark chocolate, and DEHP and DINP in medical devices.