The 60-day Notice of Violation is a legally required formal communication sent by an Attorney General for a community larger than 750,000 people or a Private Enforcer of Prop 65 that a lawsuit for Failure to Warn of exposure to one or more Prop 65 listed chemicals related to a product that the company currently sells in California directly or through retailers and/or distributors.
The 60-Notice will be sent to the California State Attorney General’s office as well as all the County and large City Attorney’s Offices in California, the defendant company and any companies identified by the Prop 65 Enforcer as involved in the chain of commerce.
It will ask for any or all of the following:
- Product recalls
- Prop 65 compliant warnings
- Reformulation or other changes to the product to eliminate the Prop 65 listed chemical
- Civil Penalties as part of a binding written agreement to avoid the filing of the Prop 65 enforcement lawsuit