July 14, 2020

Volume X, Number 196

July 13, 2020

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

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.

Click here to read more.

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.

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume VIII, Number 10


About this Author

Whitney Jones Roy  Los Angeles Litigator at Sheppard Mullin Law Firm

Ms. Roy specializes in business litigation and complex environmental litigation. Her experience includes representing clients in a variety of business disputes and against claims of fraud, breach of fiduciary duties, breach of contract, unfair business practices, negligence, nuisance and trespass. Ms. Roy has also developed a specialty in litigation relating to products liability, Proposition 65, the Clean Air Act, and CERCLA. She has been involved in insurance litigation and defending class action lawsuits. Ms. Roy's cases have related to a broad spectrum of industries...