Prop 65 – do you know your obligations?
Businesses with 10 or more employees selling products online/via catalogues and shipping to California must provide Proposition 65 warnings prior to the point of purchase on the business’ website/in catalogues. Companies face big fines for non-compliance, so it is imperative to identify potential vulnerabilities and develop cost-effective solutions to mitigate Proposition 65 liability risk.
On August 30, 2018, the new Proposition 65 warning requirements became applicable to all “persons in the course of doing business” in California, which means it generally applies to all businesses with 10 or more employees selling products into California. One change in the new warning regulations is additional requirements associated with sales through internet sites and via catalogues. Specifically, if a product is being purchased in, or shipped to California, a prescribed Proposition 65 warning must be provided to prospective purchasers prior to the point of purchase. This warning can be made on the business’ website or in the catalogue.
Notices of violation
What is Proposition 65?
Your next steps
If you sell products online or via catalogues and would like to learn more about how TSG Consulting can help identify possible vulnerabilities and develop cost-effective solutions to mitigate potential Proposition 65 liability risk, please get in touch.
(1) State of California Department of Justice, Office of the Attorney General (2019) 60-Day Notice Search. Viewed 28 February 2019, https://oag.ca.gov/prop65/60-day-notice-search-results?combine=&combine_1=John+Devlin&field_prop65_defendant_value=&date_filter%5Bmin%5D%5Bdate%5D=&date_filter%5Bmax%5D%5Bdate%5D=&field_prop65_product_value=&sort_by=field_prop65_id_value&items_per_page=20