Why is Prop 65 such a problem?
Prop 65 requires businesses to notify Californians via warning labels about significant amounts of chemicals – specified in a list of more than 700, such as lead and cadmium – contained in a company’s products. More importantly, many of the compounds identified on the Prop 65 list are permissible under federal regulations. Even though the same product can be shipped and received in other states, doing so in California without the proper warnings can expose a company to the assessment of significant penalties. Failing to provide warning notices violates Prop 65 and can result in penalties as high as $2,500 per violation per day. And if the shipped products violate the law, all involved – suppliers, distributors and end users – are potentially liable depending on the circumstances.
