Stay Informed

Recipients of a Notice of Violation can search public records, the courts and the California Office of the Attorney General for information about the Noticing Party and search one by one through prior filings. Or the Alleged Violator and their defense counsel can turn...

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...

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...

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...

Unfortunately, no. The warning requirement is based on exposure and not chemical total content. It is therefore possible for a product to meet federal standards but still require a clear and reasonable warning.

Warnings on consumer product packaging must be at least as large as the other informational type and not smaller than 6-point type. If the label has information in languages other than English, the warning must be provided in all languages used on the package. If an...

The content of the warning should include: Warning symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline and the word WARNING in bold type For exposures to listed carcinogens/reproductive toxicants, the words, “This...

Products that expose individuals to listed chemicals must contain a ‘Prop 65 warning’. Businesses making and selling products in California that fail to comply with this rule are liable to civil penalties of $2,500 per day for each violation. Therefore, the most...

It is enforced by the California Attorney General's Office, and also district attorneys, city attorneys (with a population exceeding 750,000), and, if no attorney’s office has taken action, individuals acting in the public interest. Individuals act by filing a lawsuit...

Commonly known as a ‘Prop 65 warning’, it must be applied to any product containing a listed chemical, unless the level of exposure is below the regulatory safe harbor level. Firstly, check whether the chemical is listed and, if it is, whether the level in the product...

Where the OEHHA has not defined a NSRL or MADL, businesses should provide a ‘Prop 65 warning’. Businesses can be exempt if they can show that the anticipated exposure level will not pose a significant risk of cancer or reproductive harm. Stakeholders should refer to...

The OEHHA has established over 300 safe harbor levels. These include: No Significant Risk Levels (NSRLs) for cancer-causing chemicals Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity As noted previously, a safe harbor level is a daily...

The original Act, the subsequent legislative, bureaucratic, court and State Attorney General interpretations, additions and changes along with the OEHHA now use two distinct terms of art with respect to the term ‘Safe Harbor’. The first refers to the generic warnings...

Since the regulatory changes were finalized August 2017 for implementation in August of 2018, the primary responsibility is on product manufacturers, producers, packagers, importers, suppliers and/or distributors. For consumer product exposures, businesses in the...

Yes, these include: Governmental agencies and public water utilities Businesses with nine or fewer employees Exposures that pose no significant risk of cancer Exposures that will produce no observable reproductive effect at 1,000 times the level in question Exposures...

The State is required to maintain and publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. The list is administered by the Office of Environmental Health Hazard Assessment (OEHHA) and is updated at least once a year. First...

Prop 65 was originally a 1986 California voter initiative known as California’s Safe Drinking Water and Toxic Enforcement Act of 1986 and was intended to protect citizens and sources of drinking water from harmful chemicals. Prop 65 is a ‘right-to-know’ statute that...

As noted previously the number and kinds of chemicals included by the OEHHA is expanded every year. Currently there are well over 900 chemicals on the OEHHA list. One way to assess risk is to look at what chemicals in what types of products are triggering the Notice...

There are two types of grace period applicable to businesses. The first is that the new labeling requirements apply to products manufactured after August 30, 2018. However, a company has to be sure that its products have a clear date of manufacture or production and...

Under the earlier interpretation, before August 2018, the required clear and reasonable notice operated by creating a “Safe-Harbor” warning along the lines of: WARNING: This product contains a chemical known to the State of California to cause cancer. WARNING: This...

California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (usually referred to as “Proposition 65”, or “Prop 65”) has been expanded over its 32 years to include 900+ chemicals, and as of August 30, 2018 now requires far more specific and readily visible...