In the best-case scenario, a company has sufficient information about its products to know precisely what chemicals they contain, which chemicals are on the California Prop 65 list and what are the consumer exposure levels for each Prop 65 listed chemical in each of their products so that the company can provide all the appropriate warnings required by Prop 65 to sell or market their products into California.
This best-case situation virtually impossible to achieve or maintain given the constantly growing list of chemicals and/or the safe harbor levels of some of the chemicals in play between the OEHHA and the courts. A comprehensive deep dive review of the last five years’ 60-Day Notice’s shows that a huge variety of companies from Fortune 50 to small companies of just 10 or more employees all have received 60-Day Notices of Violation. The vast majority settle before the actual lawsuit is filed.
Given almost no company is in the best-case scenario, the top ten questions for business continuity and risk management decision makers become:
- How do I determine what Prop 65 listed chemicals are present in my products?
- What chemicals and exposures create the greatest risks?
- How do I determine what type of warnings to provide?
- How do I determine what method(s) of transmission are appropriate for my warnings?
- How do I determine what suppliers to contact?
- What do I communicate to my resellers, distributors and retailers?
- Where do I source warning labels or other packaging requirements?
- How should I respond to Prop 65 related demands from my supply chain or chain of commerce?
- What demands can I make from my suppliers?
- How do I do all this at the least cost and disruption to the business?
Prop 65 Datalytics can help provide answers to these questions by using its proprietary data informed research and consulting capabilities. If the objective is to minimize Prop 65 imposed risks, costs and business impacts while proactively responding to the market and partners, then Prop 65 Datalytics should be your first call.
Prop 65 Datalytics can provide the following services:
- A streamlined, cost effective, data-informed process to identify Prop 65 based legal risks
- A cogent, cost effective plan to implement, improve or enhance existing or proposed Prop 65 Warning and transmission of warning programs
- Referrals for Prop 65 Notice of Violation representation, testing and communications
- Effective Prop 65 compliance, monitoring and accountability plans for supply chain and chain of commerce
- Prop 65 60-Day Notice of Violation response preparedness plans
- Ongoing notification of new Prop 65 Listed Chemicals, Safe Harbor levels, legal developments and recommended responses.
Note: Due the newness of the most recent Prop 65 regulations that took effect August 30, 2018, no program of action regarding warnings, reformulations, product recalls or outright removal from the California market can prevent Private Enforcers from taking action against a company.