Getting Out By Opting–In And Other Strategies For Avoiding The Prop 65

Bear Trap

You receive an email from a client asking, “What’s this, and what do we do next”? Included with the email is an attachment entitled, “60-Day Notice of Violation.” Uh-oh, your client has just received an official notice that their company is in violation of California’s Proposition 65 (“Prop 65”) – a consumer warning statute instituted twenty-eight years ago and a bear trap to nearly every business in the state.

Passed by the voters in November 1986, Prop 65 requires the State to publish a list of chemicals and substances known to cause cancer, birth defects, or reproductive harm. It also states that persons doing business in California cannot expose individuals to these components without first giving ‘clear and reasonable warning’, nor can they release them into the drinking water. Currently, there are over 800 chemicals and substances on this list. Read more