California Prop 65 Statute
Companies with 10 or more employees whose products are sold or distributed within the state of California need to be aware of and comply with Prop 65 Regulations passed via the Safe Drinking Water and Toxic Enforcement Act of 1986. Businesses must confirm whether any of the more than 950 Proposition 65 listed chemicals currently known to cause cancer are in their consumer products, and provide “clear and reasonable warnings” about chemicals present in their products.
California Proposition 65 Enforcement
Prop 65 allows for both public as well as private enforcement of Prop 65 via a “citizen lawsuit” provision, and claims of violation can be brought by:
- The California Attorney General
- Any District Attorney
- Any City Attorney of a city with 750,000 residents or more
- Any citizen of the state of California
- “Bounty Hunters” who seek to recoup a portion of penalty payments
- Groups (consumer protection groups, etc.)
Prop 65 Private Enforcement: 60-Day Notices
A 60-day Notice is specific to private enforcement. The company served with the violation has an opportunity to cure the violation within the 60-day notice period to avoid continuing penalties, while public enforcers (Attorney General, District Attorney, or City Attorney) decide within that timeframe whether to take action rather than allowing the filing private entity to continue the legal process. Penalties for failing to provide warnings can be as high as $2,500 per violation per day.
In order to be considered valid, 60-day Notices must contain specific information:
- A description of the violation, including the product at issue
- A copy of the Prop 65 law
- The time of the violation
- A list of chemicals involved
- Route of exposure to listed chemicals
- The identity of the private entity or citizen filing the 60-day Notice
60-day Notices can be found in a searchable database here.
Avoiding 60-Day Notices & Prop 65 Violations
How do you avoid Prop 65 violations, 60-day Notices, and possible fines? By focusing on compliance with the law and labeling requirements. This includes conducting a toxicological assessment of your product and its components, and ultimately confirming that any potentially harmful components are below the recommended safe levels through expert analysis.
Contact our team to explore your options for ensuring compliance.
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