AUGUST 2018, new regulations regarding Prop. 65 went into affect. California voters enacted the Safe Drinking Water and Toxic Enforcement Act (“Proposition 65”) in 1986. The law requires warnings for potentially dangerous chemicals that may cause cancer, birth defects, or other reproductive harms. Thirty-two years later, Californians are now well accustomed to seeing these warnings on consumer products, and virtually everywhere they go.

What Does this Mean for Small Business?
The new regulations clarify that the primary burden of Proposition 65 compliance is on manufacturers and those companies packaging products sold in California. This means that liability for retailers should be limited. Specifically, to qualify for safe harbor, retailers are required to acknowledge receipt of any labeling materials from the manufacturer or distributor and to post Proposition 65 warnings where provided.

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