New Update to Proposition 65 Food Warnings Coming August 2018

Bradley/Grombacher, LLP • September 27, 2017

New California regulations will require companies with 10 or more employees to provide “clear and reasonable” warnings and more detailed information to consumers on warning labels placed on products manufactured after August 30, 2018.


The new regulations are the first major update made to the Safe Drinking Water and Toxic Enforcement Act of 1986, which was initially approved as a ballot initiative. The Act, also known as Proposition 65, outlines a list of dangerous toxins and chemicals that companies must inform California consumers about inside of products, including food products.


Proposition 65 food warnings are expected to be the next legal battleground for consumers attempting to hold companies responsible for accurate food labels. Already in 2016, consumers filed nearly 250 Proposition 65 warning letters to companies regarding everything from food to beverages to spices.


What Are the New Requirements for Proposition 65 Food Warnings?

Businesses involved in any link of the chain of commerce have to give a clear and reasonable warning to California consumers about exposure to particular chemicals for products that are released into the environment or used and purchased by consumers.


Under the new state regulations, manufacturers must provide a more detailed warning on products identifying the chemical contained therein and the possible harm it could cause, including whether it could cause cancer, birth defects or reproductive harm.


Companies must include a pictograph warning label containing a black exclamation point inside a yellow triangle with a black outline, in a font size of at least 6 points.


The following language is also required for all Prop 65 food warnings and other types of products:

WARNING: THIS PRODUCT AND EXPOSURE TO CHEMICALS INCLUDING [ONE OR MORE OF THE LISTED CHEMICALS] WHICH [IS/ARE] KNOWN TO THE STATE OF CALIFORNIA TO CAUSE [CANCER AND/OR BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM]. FOR MORE INFORMATION, GO TO www.P65Warnings.ca.gov.

Other requirements include:


  • Manufacturers must ship their products with the Prop 65 warning labels attached or provide the warnings to the retailer with written confirmation of receipt by the retailer.
  • For products listed for sale online, the Prop 65 warning lable must be contained on the product display page together with a hyperlink to www.P65Warnings.ca.gov. (See above example.)
  • The Prop 65 warning label must be renewed annually or within 90 days of when changes are made to the list of chemicals or risk of harm.


Prop 65 Food Warnings

California keeps an updated Prop 65 list of chemicals known to cause reproductive toxicity or cancer. More than 900 chemicals on the list presently.

Since new chemicals are added to the Proposition 65 list annually, manufacturers must monitor whether any of their products are affected and ensure compliance each year. Items that previously did not require a Proposition 65 food warning may need one if a new chemical is added to the list.

Businesses are not currently required to relabel products that are already in the stream of commerce to comply with the new Prop 65 warning regulations. However, any products manufactured after August 30, 2018 must have the updated warning.


If you purchased a product that did not contain a proper Prop 65 warning label, the attorneys at Bradley/Grombacher want to know. They work hard on behalf of clients who have been misled about what materials are inside their consumer products. Fill out the form on this page now for a FREE review of your claims.


By kileygrombacher January 16, 2025
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Not Understanding Your Policy: Your homeowners insurance policy is a complex legal document. Failing to thoroughly understand its terms, coverage limits, exclusions, and your responsibilities as a policyholder can lead to costly mistakes. If anything is unclear, seek clarification from your agent or an attorney. Pay particular attention to: Dwelling Coverage Limits: The maximum amount your insurer will pay to repair or rebuild your home. Personal Property Coverage: The limits for replacing your belongings. Loss of Use/Additional Living Expenses (ALE): The extent of coverage for temporary housing and other living expenses. Deductibles: The amount you must pay out-of-pocket before your coverage kicks in. Exclusions: Any specific types of damage or losses that are not covered. Accepting the First Offer Without Question: The first settlement offer from your insurance company is often a lowball offer, especially after a major event like a wildfire. They are hoping you'll accept it out of desperation or lack of knowledge. Don't be afraid to negotiate or seek a second opinion from an independent contractor or a lawyer. Downplaying Your Losses or Damages: Be honest and thorough when describing your losses to the insurance adjuster. Don't minimize the damage or omit items from your inventory. It's better to overestimate initially than to leave something out and have to fight for it later. Making Permanent Repairs Before Authorization: Avoid making any permanent repairs to your property before obtaining authorization from your insurance company. They may deny coverage for repairs made without their approval. Emergency repairs to prevent further damage are usually acceptable, but document them thoroughly and notify your insurer as soon as possible. Not Keeping Records of Communication: Document every interaction with your insurance company, including phone calls, emails, and in-person meetings. 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Bradley/Grombacher LLP: Your Advocates for a Fair Recovery At Bradley/Grombacher LLP, we understand the devastation that wildfires inflict on California homeowners. We're committed to helping victims of events like the Palisades Fire secure the full and fair compensation they need to rebuild their lives. With over 50 years of combined experience in employment law, personal injury, and consumer protection , we're well-equipped to handle complex wildfire claims and fight for your rights. Don't let the insurance company take advantage of you during this vulnerable time. If you're facing challenges with your wildfire insurance claim, contact us today for a free, confidential consultation. Call us at (866) 881-0403 or fill out our online contact form. We're here to help you every step of the way.
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Loss of Use/Additional Living Expenses (ALE): Costs associated with temporary housing, meals, and other essential expenses if you are displaced from your home. Potentially Liable Third Parties: Utility Companies: In California, utility companies can be held strictly liable under the principle of "inverse condemnation" if their equipment is a substantial cause of a wildfire (as is being investigated with SCE in the Palisades Fire ). Government Entities: If a government entity's negligence contributed to the fire's spread (such as the alleged LADWP hydrant failures during the Palisades Fire ), they may also be held liable. Negligent Individuals or Businesses: If the fire was started by a private individual's or business's negligence (e.g., arson, improperly maintained equipment), they could be held responsible for the resulting damages. 2. Your Right to a Fair Insurance Claims Process Insurance companies have a legal duty to act in good faith when handling your claim. This means they must: Investigate Promptly: Conduct a thorough and timely investigation of your claim. Communicate Honestly: Keep you informed about the status of your claim and respond to your inquiries in a timely manner. Pay Fairly: Offer a settlement that accurately reflects your covered losses and is consistent with the terms of your policy. Insurance Bad Faith: If your insurer unreasonably denies your claim, delays payment, offers an unfairly low settlement, or otherwise acts in bad faith, you may have grounds for a separate legal action against them. 3. Your Right to Compensation for Personal Injuries Wildfires can cause a range of physical injuries, including: Smoke Inhalation: Respiratory problems, lung damage, and other health complications. Burns: Severe burns requiring extensive medical treatment and potentially causing long-term disability. Other Injuries: Injuries sustained during evacuation or as a result of the fire's spread. If you or a loved one suffered a personal injury due to someone else's negligence in connection with a wildfire, you may be entitled to compensation for: Medical Expenses: Past and future medical bills related to your injuries. Lost Wages: Income lost due to your inability to work. Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish. Loss of Consortium: Compensation to your spouse for the loss of companionship and support. 4. Your Right to Compensation for Lost Income or Business Interruption If a wildfire forced you to miss work or resulted in the closure of your business, you may have legal recourse: Lost Wages: If your employer wrongfully terminated you, failed to pay you, or denied you reasonable accommodations after a wildfire, you may be able to recover lost wages under California employment law. Business Interruption Insurance: If you have business interruption coverage as part of your commercial insurance policy, you may be able to recover lost profits and other expenses incurred due to the wildfire's impact on your business. 5. Your Right to Legal Representation Navigating the legal complexities after a wildfire can be daunting. An experienced attorney can be your advocate and guide, helping you to: Understand Your Rights: Provide clear explanations of your legal options and the applicable laws. Gather Evidence: Collect and preserve the necessary evidence to support your claims. Negotiate with Insurance Companies: Engage in strategic negotiations to secure a fair settlement. File Lawsuits: Take legal action against responsible parties, whether it be insurance companies, utility companies, government entities, or negligent individuals. Represent You in Court: Provide skilled representation in court if litigation becomes necessary. Bradley/Grombacher LLP: Dedicated to Helping Wildfire Victims At Bradley/Grombacher LLP, we understand the impact wildfires have on individuals, families, and communities. With over 50 years of combined experience in personal injury, employment law, and consumer law , we have the knowledge and skills to effectively advocate for your rights and secure the compensation you deserve. We're committed to: Holding negligent parties accountable. Maximizing your financial recovery. Providing compassionate and personalized legal representation. Take the First Step: Contact Us for a Free Consultation If you've been affected by a California wildfire, including the recent Palisades Fire, don't hesitate to contact Bradley/Grombacher LLP for a free, confidential consultation . We'll listen to your story, answer your questions, and provide an honest assessment of your legal options. Call us at (866) 881-0403 or fill out our online contact form. Let us help you navigate the path toward recovery and justice.
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