The 60-day Notice of Violation is legally required notice that a lawsuit for Failure to Warn of potential 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.
- Seek advice of a legal counsel who specializes in Prop 65 to evaluate the matter
- Assess the validity of the claim. This may require laboratory testing on exposure levels and frank discussion of costs
- Determine through council if other entities in the chain of commerce have responsibility or if any Prop 65 exclusions or defenses apply
- Ascertain through council what is the objective of the Private Enforcer (Plaintiff)
- If the plaintiff’s claim is deemed valid:
- Cease sale of the product
- Instruct retailers to stop selling the product
- Instigate product recall
- New products must have a Prop 65 warning
- Negotiate private or court supervised settlement based on advice of council
The Prop 65 Strike Team can assist you with all aspects of the above. Contact us today.