Proposition 65
Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, companies are required to include a Prop 65 warning if their product is included on a list of chemicals that are known to cause cancer, birth defects or other reproductive harm. To hold companies accountable for warning about these dangerous chemicals, individuals can file Prop 65 lawsuits to impose hefty statutory penalties on companies that have violated the law.
If you need to hold a company accountable for unlawful activity, reach out to the Prop 65 attorneys in Agoura Hills & Westlake Village at Bradley/Grombacher LLP for help. Our attorneys serve clients nationwide and have more than 50 years of combined experience that can help you win fair and just compensation and keep other people safe from unlawful business practices.
California Proposition 65 (or, Prop 65) was approved by state voters in 1986 and became the Safe Drinking Water and Toxic Enforcement Act. One requirement of Prop 65 is that the State of California must publish a list of chemicals that are known to cause serious health problems.
The Prop 65 list was initially published in 1987. It must be updated at least once per year, and it currently includes more than 800 chemicals known to the state to cause cancer or cause reproductive harm.
In addition to requiring the publication of the Prop 65 list, the law also requires businesses to include a prop 65 warning if their products include chemicals on the prop 65 list.
Companies are also prohibited from releasing significant amounts of the listed chemicals into drinking water supplies. Prop 65 is enforced by the California Attorney General’s Office as well as district attorneys and city attorneys in cities with populations of more than 750,000.
Additionally, individuals may file prop 65 lawsuits against companies that are allegedly in violation of the law. Companies that fail to provide a required prop 65 warning may be subject to statutory penalties of as much as $2,500 per violation per day.
The Prop 65 list includes naturally occurring and synthetic chemicals that are known carcinogens or that can cause birth defects or reproductive issues.
The chemicals added to the list may be used in manufacturing and construction, or they may be byproducts of a chemical process.
There is a very specific procedure for filing a Prop 65 lawsuit.
The California Attorney General’s Office must be notified as soon as the case is filed and must be provided with copies of notices and supporting documents.
These steps are important because the Attorney General’s Office is required to make certain information about pending cases and their outcomes available to the public. The Attorney General’s Office must also be notified about the terms of any Prop 65 settlement that has been reached.
If you are thinking of filing a Prop 65 lawsuit, contact the Prop 65 attorneys in Agoura Hills and Westlake Village at Bradley/Grombacher LLP for a free consultation.
Our legal team is skilled at investigating and litigating Prop 65 lawsuits, helping clients secure compensation while holding companies accountable for the safety of their products.
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