The third quarter of 2023 saw a surprising surge in Proposition 65 food notices, with sauces taking the top spot. Downey Brand’s latest roundup sums this up succinctly in their report “Surprising Surge in Sauces Tops Prop. 65 Food Notices in Third Quarter 2023”.
Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to warn Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These warnings help Californians make informed decisions about their exposures to these chemicals.
It was reported that in the third quarter of 2023, citizen plaintiff groups filed a total of one thousand seventy-two (1,072) Notices of Violation. This marked an increase of approximately 100 Notices from the same period in 2022.
Interestingly, sauces were at the forefront of these Notices, indicating a significant increase in potential exposures to harmful chemicals within this product category. The reasons for this surge are yet to be explicitly elucidated, but this development should certainly pique the interest of legal practitioners and corporations involved in food production and regulations, particularly those dealing with condiments and sauces.
As we move forward, it would be appropriate for legal professionals to keep a close eye on the evolution of Proposition 65 food notices. This unexpected trend could suggest an industry-focused shift in the application of Proposition 65 regulations, potentially requiring enhanced compliance efforts from food manufacturers.