Multiple companies have received notifications of Intent to Sue claiming that their products sold violated California’s chemical exposure warning law, Proposition 65.
The Safe Drinking Water and Toxic Enforcement Act of 1986, also called Proposition 65 (Prop 65) is aimed to protect the State’s drinking water from toxic chemicals and to inform its citizens of exposure (Ex. Formaldehyde, benzene, ethylene oxide). The law requires businesses to provide warnings, such as labels or signs, for exposure to chemicals that cause cancer or reproductive harm. California maintains this list, which is updated and published once a year. The list currently holds approximately 900 chemicals (See: https://oehha.ca.gov/proposition-65/proposition-65-list)
If products sold in California contain Prop 65 chemical(s) without “clear and reasonable warning” a 60-day Notice of Violation is issued. During this period, the California Attorney General’s office can take legal action against the manufacturer. If no action is taken, a private party may file a lawsuit after the 60-day period has ended.
For further information on Proposition 65 follow this link https://www.p65warnings.ca.gov/
IF your company has product(s) containing Prop 65 chemicals, contact Nexreg about getting a Prop 65 memo for your product.
