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Article By: John Gardella, Ryan Landis - CMBG3 Law
We previously reported on several significant actions by the California Office of Environmental Health Hazard Assessment (OEHHA) listing six types of PFAS as chemicals known to cause cancer or reproductive harm – PFOA, PFOS, PFDA, PFHxS, PFNA, and PFUnDA. At the time, we predicted that these steps would lead to increased enforcement action targeting products with the listed PFAS. So far in the month of October, there has been a nearly 100% increase in the number of Prop 65 PFAS notices, including PFOA enforcement notices and companies seeing for the first time PFOS enforcement notices sent for a variety of product types. Enforcement actions are but one of the compliance issues companies face with PFAS listed under Prop 65, as the regulation also carries with it warning label requirements.
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