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.