The long awaited date of August 30, 2018 for California Proposition 65 (Prop 65) to go into effect is quickly approaching. Allen Barron is cautioning all business entities regarding the California Prop 65 exposure for all channels of distribution and manufacture of commercial and consumer products throughout the state. Any business with 10 employees or more who is involved in the manufacture, production, distribution, cataloging or online sale or retail sale of commercial and consumer goods is subject to the onorous compliance with California Prop 65 regulations or face draconian penalties.
The costs for failure to comply with California Proposition 65 are up to $2,500 per day in civil penalties for every day of violation, plaintiff’s legal fees as well as the cost of the proven litigation defense, compliance and restitution issues your company will face.
Generally speaking, California Proposition 65 is designed to limit potential exposure for commercial and residential customers of hundreds of specific chemicals known by the State of California to cause cancer or “reproductive toxicity” in users of any product.
“No person in the course of doing business shall knowingly or intentionally expose an individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving a clear and reasonable warning to such individual, except as provided in Section 25249.10.” – Cal. Health & Safety Code §25249.6.
These regulations apply not only to the manufacturer of the goods or those who grow or produce food and food products, but to all those businesses who play any role in bringing those goods or foods to market.
Are you concerned about California Prop 65 exposure for all channels of distribution, production, manufacture, direct or online sales and cataloging? We invite you to contact Allen Barron‘s Proposition 65 compliance and litigation defense team or call 866-631-3470 for a free consultation. Learn more about the regulations which require you to provide a clear and reasonable warning or face a 60 day notice and the initiation of an expensive lawsuit, and how to avoid these consequences and come into full compliance with California Proposition 65.