what is proposition 65 lawyer

What is Prop 65 standards?

Prop 65 allows for both government enforcement by the California Attorney General’s Office and district or city attorneys, as well as for private enforcement …

What is a Proposition 65 compliance statement?

What is Proposition 65? Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment.

What is a Prop 65 statement?

California’s Proposition 65 (“Prop 65”), formally entitled “The Safe Drinking Water and Toxic Enforcement Act” of 1986, is a law that aims to protect drinking water sources from certain chemicals that could potentially cause birth defects and cancer.

What is a Prop 65 letter?

The Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65") is an initiative statute that protects public health by reducing exposures to toxic chemicals in two principal ways. First, it outlaws discharges of certain toxic chemicals into sources of drinking water.

What is a Prop 65 case?

Who must comply with Prop 65?

What has Prop 65 warning?

When did Prop 65 become law?

How much does Prop 65 testing cost?

Should I not buy furniture with Prop 65 warning?

Who does Proposition 65 apply to?

Does Prop 65 apply to food?

What products are covered by Prop 65?

Does California Prop 65 apply to other states?

Do all appliances have Prop 65 warning?

What Types of Chemicals Are on The ?

The list contains a wide range of naturally occurring and synthetic chemicals that include additives or ingredients in pesticides, common household...

What Does A Warning Mean?

If a warning is placed on a product label or posted or distributed at a workplace, a business, or in rental housing, the business issuing the warni...

Who Administers Proposition 65?

The Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program. OEHHA, which is part of the California Environ...

Who Enforces Proposition 65?

The California Attorney General's Office (link is external) enforces Proposition 65. Any district attorney or city attorney (for cities whose popul...

What Are The Penalties For Violating Proposition 65?

Penalties for violating Proposition 65 by failing to provide notices can be as high as $2,500 per violation per day.

Where Can I Get More Information on Proposition 65?

If you have specific questions on the administration or implementation of Proposition 65, you can contact OEHHA's Proposition 65 program at P65.Que...

What is Proposition 65?

Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment.

When did Proposition 65 become law?

Proposition 65 became law in November 1986, when California voters approved it by a 63-37 percent margin. The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986 .

What chemicals are on the Proposition 65 list?

What types of chemicals are on the Proposition 65 list? The list contains a wide range of naturally occurring and synthetic chemicals that include additives or ingredients in pesticides , common household products, food, drugs, dyes, or solvents.

What are the Elements of Proposition 65?

Although businesses must abide by all sections of Prop 65, there are two sections in particular that are important for compliance purposes. These sections provide explicit guidance on the main requirements of Prop 65.

What Types of Chemicals are on the List?

Since the initial publishing of the list in 1987, over 1,000 chemicals to date have been found to cause cancer, reproductive harm, and/or birth defects. The list contains a wide range of both naturally occurring and synthetic chemicals that may be components of common household items, such as food ingredients, pharmaceuticals, solvents, and so on.

What is Considered a Clear and Reasonable Warning?

Before defining what a clear and reasonable warning is, a business must first determine when a Proposition 65 warning required.

Who Must Follow Proposition 65?

Prop 65 applies to all businesses operating in California that have more than 10 employees. If the business has less than 10 employees or is a government agency, then it will be exempted from the requirements of Prop 65.

What are the Consequences for Violating Proposition 65?

Businesses that violate Prop 65 may have to pay fines as high as $2,500 per day. Depending on the circumstances, a Prop 65 lawsuit may also be filed against a business.

Should I Contact an Attorney?

Given that Proposition 65 can result in serious penalties and heavy fines, it may be in your best interest to speak to a Proposition 65 litigation attorney for further Prop 65 legal advice.

What is the purpose of Proposition 65?

Environment & Public Health. Proposition 65. The Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65") is an initiative statute that protects public health by reducing exposures to toxic chemicals in two principal ways. First, it outlaws discharges of certain toxic chemicals into sources of drinking water.

What is the purpose of the Safe Drinking Water and Toxic Enforcement Act of 1986?

The Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65") is an initiative statute that protects public health by reducing exposures to toxic chemicals in two principal ways. First, it outlaws discharges of certain toxic chemicals into sources of drinking water.

Is there a lead law for jewelry in California?

The standards are stricter for children’s jewelry. California subsequently passed a law that applies the lead standards to all jewelry sold in California. (HSC §§ 25214.1 et seq.)

Why are Mexican coke bottles so popular?

Mexican Coke, Pepsi, Crush and Squirt products were popular in California because they were sweetened with sugar rather than corn syrup. They were sold in returnable bottles which require applied ceramic labels strong enough to withstand repeated washings. These labels had high lead content.

What is Proposition 65?

Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm . These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment.

When did Proposition 65 become law?

Proposition 65 became law in November 1986, when California voters approved it by a 63-37 percent margin. The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986. If you have any questions, comments, or concerns about the content of this page, please click here.

How to avoid a lawsuit against Proposition 65?

Avoiding the Proposition 65 Lawsuit#N#The best way to avoid a Proposition 65 lawsuit is by providing the warnings called for in that statutory scheme. If warning labels are placed on the packaging of the product, or in close and visible proximity to the point of sale, before the 60-day notice is sent by the bounty hunter attorneys, that can be a defense to such claims. If the bounty hunter attorneys choose to purse such a claim, in spite of using Proposition 65 warnings, the action can be defended on that basis.

What is the definition of Proposition 65?

Proposition 65 requires a person or entity who exposes an individual in California to a chemical deemed by the state to cause cancer or reproductive toxicity to give "a clear and reasonable warning".

How is Prop 65 enforced?

Proposition 65 is enforced through civil lawsuits. While the California Attorney General can prosecute actions for violation of Prop 65, so, too, can anyone else. That is where the bounty hunter attorneys come in. That is where the bounty hunter attorneys come in. Whoever brings an action for violation of Proposition 65 is entitled to 25% ...

How long do you have to give notice of Proposition 65?

B. Possible Defenses to Proposition 65 Cases: Inadequate 60-Day Notice.#N#In order to obtain standing to pursue a Proposition 65 lawsuit, a putative plaintiff is required to give a 60-day notice requiring very exacting language as set forth in this statute, and the interpreting regulations. Because many courts tend to disfavor Proposition 65 lawsuits that are brought by bounty hunter attorneys, they carefully scrutinize the notices, and look for any possible defect.#N#The requirements for giving notice required by Proposition 65 are contained in 22 CCR ?12903. In what has turned out to be a landmark case regarding the adequacy of such notice, the Court of Appeal in Yeroushalmi v. Miramar Sheraton, et al. (2001) 88 Cal.App.4th 738, found the notices to be flawed because they failed to adequate identify the individual exposed to the alleged toxins, and identify how the individuals were allegedly exposed. In a case handled by this office, the court found the notices to our client to be defective, as a matter of law, because they failed to comply.

What does "limited exposure" mean?

Limited Exposure Means Limited Liability .#N#This can happen, for example, where a product with a high concentration is used infrequently, or for short periods of time, whereas a product with a low concentration is used frequently, and for long periods of time.#N#Each product must be carefully analyzed on a case by case basis to determine If the exposure to the chemical in the product falls below the safe harbor levels that will make it exempt from Proposition 65. This can be determined based upon common sense--a picture frame is touched less frequently and for a shorter duration than a smart phone--and from exposure studies performed by toxicologists and other experts.

Is lead naturally occurring?

Naturally Occurring Is a Natural Defense#N#With respect to certain products, and especially food, a chemical is not deemed to be violative of Proposition 65 if it is "naturally occurring". Thus, for example, if a product tests positive for lead, a defense can be offered that the lead is derived from naturally occurring sources.#N#Say, for example, a product containing lead gets its lead from the milk used in making this product. In such a case, an argument can be made that the lead comes from cows that eat grass that is grown in soil that contains lead that has been in the soil for millions of years. If this can be established, the lead would be naturally occurring, and exempt from Proposition 65.

What is a Proposition 65 warning?

A Proposition 65 warning informs a consumer that s/he is being exposed to carcinogens or reproductive toxins that exceed certain threshold levels. This is not the same as a regulatory decision that a product is "safe" or "unsafe." A consumer can seek information about the actual levels of exposure from the business that produces the product or causes the exposure in order to decide whether to accept, avoid, or take measures to mitigate the exposure risk.

How long does it take to get a Proposition 65 settlement?

Private parties must report Proposition 65 settlements to the Attorney General and submit supporting documents to the Attorney General at least 45 days prior to the date of the hearing of the motion for judicial approval.

What is clear and reasonable warning?

Clear and reasonable warnings: A business is required to warn a person before "knowingly and intentionally" exposing that person to a listed chemical. A business must be aware that it is causing an exposure, and the exposure must result from a deliberate act, like the sale of a product.

What is a pre-approved safe harbor?

Pre-approved ("safe harbor") warnings: The Proposition 65 regulations provide for certain warnings that, if properly transmitted, are deemed to be clear and reasonable. These are referred to as "safe harbor warnings.". A discussion of the regulatory requirements for "safe harbor warnings" can be found here: ...

Do you have to warn about reformulated products?

Businesses often reformulate products to remove a listed chemical, or to reduce its concentration so that any exposure is below the threshold. If a business does this, it does not need to provide a warning for the reformulated product. As a result of Proposition 65 litigation, manufacturers, including the makers of Mexican candy, artificial turf, and calcium supplements, have removed a listed chemical from a product, or greatly reduced its concentration.

Can you add language to a safe harbor?

Yes. Warning text may differ from the "safe harbor" language, as long as it clearly warns people that they are being exposed to a chemical or chemicals that cause cancer or reproductive harm. You are allowed to add language to explain the warning and inform consumers about how to lessen or avoid the exposure. However, you are not allowed to include language that contradicts or dilutes the force of the warning.

How to respond to a 60 day notice?

Other prudent steps to take upon receiving a 60-day notice include: (1) promptly contact the noticing party to discuss the claim (s) of violation and obtain any testing or data the noticing party is willing to provide to evaluate whether the claim is justified (note: the plaintiff is not required to provide this information); (2) conduct laboratory product testing and/or obtain an exposure assessment to assess the validity of the plaintiff's claims ; and (3) if you believe the claim may be valid, cease sale of the product, instruct retail customers to stop selling the product, recall the product, and/or provide proper warnings for the product.