Mar. 16 – Wineries sued over lead glassware (Prop 65)

“Dozens of California wineries are now among the hundreds of businesses that have been hit with what many are calling “predatory” lawsuits relating to lead in stemware.The lawsuits are based on the California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Businesses that fail to provide proper warning signs about chemicals in glassware, including lead and cadmium, can be liable for penalties of up to $2,500 per violation per day, which when calculated based on the number of individual sales can be significant.Under the law, a party may file notice of an alleged violation and the state attorney general has 60 days to determine whether to take the case. If the attorney general does not take the case, the private party has a right to file a civil suit. Typically, the plaintiff’s attorney offers the defendant the opportunity to “settle.”