The mysterious world of Prop 65 reloaded, part 4: the penalties

Editor’s Note: Not much has changed since our original post regarding civil penalties. Unfortunately, Prop 65 enforcers are still out attempting to collect vast amounts of civil penalties (and attorney’s fees) in private enforcement actions. The obvious concern for many companies facing potential exposure for a Prop 65 violation is what is this going to…

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The mysterious world of Prop 65 reloaded, part 3: the warning

Editor’s Note: On August 30, 2018, OEHHA’s amendments to the Proposition 65 clear and reasonable warning regulations became effective. The amendments bring two major changes: the first ever allocation of responsibility for warnings, which places the primary responsibility on upstream entities rather than retailers; and significant changes to the “safe harbor” warning regulation, including warning content and methods of…

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