Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act, was passed in 1986 to protect California residents from exposure to toxic substances through environmental exposure, drinking water or the products they purchase. California’s Office of Environmental Health and Hazard Assessment (OEHHA) administers the program and ensures public awareness of toxic substances.
Substances listed under Proposition 65 are known to the state to cause cancer, birth defects, reproductive or developmental harm. If a business fails to label products that contain listed substances appropriately under Proposition 65, they may be prosecuted by the California Attorney General, district or city attorneys, or any private group acting to protect the public interest. In Proposition 65 cases, the burden of proof is placed on the business rather than the plaintiff and violation fines can be substantial.
TSG can help
TSG’s consultants have more than 25 years of experience addressing Proposition 65 issues. Our Sacramento, CA office routinely works with companies manufacturing and distributing larger product lines. Our staff is experienced in all aspects of Proposition 65, including:
- Risk assessment development
- Product line management
- Safe harbor level determination
- Pre-trial technical support