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WARNING: There Are New Warning Requirements for Imports Sold in California

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.

Copyright © 2018, Sheppard Mullin Richter & Hampton LLP.

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About this Author

Whitney Jones Roy  Los Angeles Litigator at Sheppard Mullin Law Firm
Partner

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...

213-617-4292
Associate

Jeffrey J. Parker is a partner in Sheppard, Mullin, Richter & Hampton LLP's Los Angeles office, where he specializes in business, products liability, and complex environmental litigation through trial and appeal, as well as environmental law. Although based in Los Angeles, he routinely handles matters throughout the entire state and works out of the firm's many offices.

Jeffrey Parker showcases his extensive experience in complex environmental and tort litigation and environmental counseling. His environmental and tort litigation experience includes dozens of products liability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort doctrines.

He has helped develop various Proposition 65 warnings programs and has guided clients through evaluating and responding to numerous pre-lawsuit notices of intent to sue under various state and federal statutes. Further, he has advised in matters including: California Air Resources Board and South Coast Air Quality Control Board variance proceedings, Regional Water Quality Control Board permit proceedings, and resulting writs of mandate.

The clients he works with are both big and small. Jeffrey works with clients who range from family-owned businesses to multi-national corporations in many diverse industries such as energy, petroleum, chemicals, aerospace and defense, pharmaceuticals, manufacturing, real estate, construction, financial services, high-tech, computer manufacturing, consumer goods, sporting goods, and transportation.

213-617-5586