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Warning Labels Under Proposition 65

What is Proposition 65?

Proposition 65 is California’s proposition that became law in 1986. This law was made to protect consumers from potential chemical exposure, which may lead to cancer, birth defects, or other reproductive harm.

What is Required Under this Law?

The requirements under this law provide that the state must publish a list of chemicals that are known to the State of California to cause cancer or reproductive toxicity.

What are the Types of Chemicals that Apply Under Proposition 65?

The types of chemicals that apply under Proposition 65 include both natural and synthetic chemicals that may be found in additives, pesticides, drugs, food, or dyes. The entire list is available on the California Office of Environmental Health Hazard Assessment website at https://oehha.ca.gov/chemicals. This list gets updated once a year, which includes over 900 different kinds of chemicals.

When are Warning Labels Required?

Labels are required when a business sells a product, in California, that it knows may expose its consumers to chemicals on the list stated above. Keep in mind that businesses are now required to name at least one chemical of concern on the label of their product being sold.

When are Warning Labels Not Required?

Warning labels are not required when there is no significant risk to the exposure of chemicals. In other words, the level of exposure of no more than one extra case of cancer in 100,000 people over a 70-year lifetime is deemed not to be a significant risk to exposure.

What Are the Penalties for Violating Proposition 65?

The penalties for violating Proposition 65 include fines of up to $2,500 per violation per day the violation continues.

What Entity Enforces Proposition 65?

The following entities enforce this proposition:

  • The California Attorney General’s Office
  • The City Attorney
  • The District Attorney
  • Any individual who is acting in the public interest

Los Angeles Personal Injury Attorneys

If you have been exposed to and harmed by chemicals recognized under Proposition 65, contact our attorneys at (310) 943-1171 for a consultation. Our attorneys evaluate the details of your case and will let you know what to expect and how you can proceed forward.

 

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