What is Prop 65?
Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly evolving and actively enforced by the government and private enforcers.
Why deal with this now?
New Prop 65 regulations go in to effect August 30, 2018, giving the government and opportunistic private parties new avenues to assert claims. Don’t wait for August:
- If you are already providing a warning, the language of the warning will need to be revised.
- If you are not currently warning, it is time to evaluate whether you should be.
What are the odds that your company has Prop 65 issues?
High. If any of the following apply to your company, you should pay attention:
- Your company manufactures, imports, distributes, or sells a product that will be sold in California.
- Your company manufactures, imports, distributes, or sells a product that is sold online to California customers.
- Your company has a physical presence of any kind in California (retail, office, warehouse, facility, factory, plant, etc.).
Prop 65 applies to an ever growing list of chemicals – more than 800 to date. This means there is a good chance that your company may be obligated to provide a Prop 65 warning.