Environmental & Energy,
Administrative/Regulatory
May 10, 2019
Proposal would allow passing Prop 65 obligations down chain of distribution
Under current regulations, a manufacturer can place the required warning on the product or its packaging, or it can pass the obligation to warn “downstream” to retailers by notifying the retailer directly that a warning is required and providing the retailer with the materials necessary to transmit the warning to consumers.
Peter W. McGaw
Of Counsel
Buchalter
2033 N Main St
Walnut Creek , CA 94596
Email: pmcgaw@buchalter.com
UC Berkeley SOL; Berkeley CA
Peter is a member of the Chemical Law and Prop 65 practice at Buchalter. He has over two decades of experience counseling businesses on Proposition 65 compliance and defending against Proposition 65 claims. He may be contacted at pmcgaw@buchalter.com.
California's Proposition 65 requires manufacturers and others in the chain of distribution to warn California consumers before "knowingly" exposing them to any of almost 900 chemicals "known to the State of California to cause cancer, birth defects and other reproductive harm."
Under current regulations, a manufacturer (and others in the distribution chain who "know" an exposure can occur) can place the required warning on the produ...
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