Are your products subject to any order of limitation by California's Proposition 65?
- Do the substances in the products fall under the scope of Proposition 65?
- If the substances in the products fall under the scope of Proposition 65, are there any exemptions related to these substances?
- If the substances are under the scope of the legislation and no exemption is valid, what is the implication of it meaning, what should be done.
California's Proposition 65, officially titled the "Safe Drinking Water and Toxic Enforcement Act of 1986" provides, in pertinent part:
- A prohibition on businesses from knowingly discharging or releasing a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land if such chemical passes or probably will pass into any source of drinking water, and
- A requirement on businesses to give clear and reasonable warning, if the business is knowingly and intentionally exposing any person to a chemical known to the state to cause cancer or reproductive toxicity.
Proposition 65 List of Chemicals:
The Office of Environmental Health Hazard Assessment (OEHHA) publishes the list of chemicals known to the state to cause cancer or reproductive toxicity (the "Proposition 65 List") on its website. Chemicals are placed on the Proposition 65 List if they are known to cause cancer and/or birth defects or other reproductive harm, such as damage to female or male reproductive systems or to the developing fetus. This list must be updated at least once a year.
The enforcement of the Proposition 65 requirements is done through lawsuits brought by either public prosecutors, or by private citizens and organizations.
Our law firm has been engaged in international chemicals legislation for many years and has successfully advised these issues to dozens of the largest companies and businesses in Israel. Our attorneys can help you plan your products and sell them safely without having to run into U.S. law enforcement, or without having to lose an important tender because you haven't been prepared to answer those questions ahead of time.