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WARNING: Prop 65 Has Changed – If Your Product Is Sold In California Or You Do Business In California, Pay Attention

By Whitney Jones Roy & Jeffrey Parker on January 18, 2018
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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.

How can we help?

We can help you audit your Prop 65 practices to make sure they are in compliance with the new regulations and avoid Prop 65 claims.

Click here to read more.

Photo of Whitney Jones Roy Whitney Jones Roy

Whitney Jones Roy is a litigation partner in firm’s Los Angeles office.

Read more about Whitney Jones RoyEmail
Photo of Jeffrey Parker Jeffrey Parker

Jeff Parker is a partner in the firm’s Los Angeles office, where he specializes in complex commercial, products liability, and environmental litigation through trial and appeal, as well as environmental law.

Read more about Jeffrey ParkerEmail
  • Posted in:
    Administrative and Regulatory
  • Blog:
    Fashion & Apparel Law Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP

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