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Posts Taged prop-65

Prop 65
Changes to Prop 65 Requirements are Coming Soon

The California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency for implementing Proposition 65, is currently in the process of revising Prop 65’s administrative regulations, which  will likely result in significant changes to how the business community attempts to comply with Prop 65.

The revised regulations are expected to be finalized by January 2016, but there will be a 2 year grace period for complying with the new provisions. The grace period is meant to provide a transition period for businesses, but it will undoubtedly create some confusion, as there will be two sets of standards in the marketplace during that time.

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Proposition 65 Claims may be Covered by Insurance

Proposition 65 requires warning labels to be placed on all products containing lead.  Although there is a clear need for the protections and warnings that the statute was intended to provide, unfortunately, in San Luis Obispo and throughout California, attorneys seem to be using Prop 65 to prey on businesses, particularly those without the resources to fight back. Not unlike some of the ADA lawsuits brought against California business owners, some attorneys have filed suit based on alleged violations of Proposition 65 as a mechanism not to necessarily enforce compliance in order to protect the consumer, but rather to line their pockets with the attorney fees the statute affords.

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Proposition 65 Is Coming to Your Town!

As featured in the SLO County Bar Bulletin:

You’ve likely seen the retail signs and product labels telling you something like this:  “WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm.”  Those warnings are the result of efforts by businesses to comply with California’s Proposition 65 – and to avoid expensive enforcement actions.  The Proposition requires businesses to provide “clear and reasonable” warnings to individuals prior to exposing them to specified carcinogens and reproductive toxicants. In the 25 years since Proposition 65 was enacted by California voters, those enforcement actions have mostly missed San Luis Obispo County businesses.  But it looks like that’s changing, and local businesses should beware:  Proposition 65 enforcement is coming to your town.

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Paso Robles Wine Country Alliance – Prop 65 Warning

Click here for a great article by the Paso Robles Wine Country Alliance regarding the Proposition 65 warnings/lawsuits. An important issue-especially in our community where wineries and wine related industries make up so much of our local economy. In fact, you can read C&N Managing Partner Ziyad Naccasha’s article on the subject in the current issue of the SLO County Bar Bulletin.

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