Articles

WARNING!  You’ve Been Exposed to New Prop 65 Requirements!

By Wendy Manley, Esq. and Summer Nastich, Esq.

Introduction

We’ve all seen them.  Those dire warnings provided pursuant to California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Safety Code § 24000 et seq.; aka “Proposition 65” or “Prop 65”) and the associated regulations (27 CCR § 25102 et seq.).  We stare at them in jet ways, parking garages, coffee shops, and taco stands throughout California.  They tell us the very area in which we are standing, or the product we are about to consume, “contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.”  In fact, we’ve seen them so often we hardly notice them anymore.  Ostensibly, in part because we’ve all become so numb to them, the words of these warnings and how they must look changed on August 30, 2018.  As a result, in almost every case, the old, generic signs Californians know so well will no longer suffice to protect required-warning providers from Prop 65 liability.

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