The Nickel Report

Safe Harbor regulations were implemented in August 2016 to require “clear and reasonable” warnings of the potential danger of exposure to consumers. Hunton Andrews Kurth partners Malcolm Weiss and Shannon Broome pick up their discussion, this time exploring aspects of the Safe Harbor regulations and the expectations for companies with products sold in California.

California Prop 65 has allowed a slew of lawsuits to be brought by plaintiff attorneys against consumer retailers with products that end up in California.  Hunton Andrews Kurth partners Malcolm Weiss and Shannon Broome walk through the process for Prop 65 60-day notices and tactics companies can use to respond.

California Prop 65 is designed to reduce exposures to chemicals that are known to cause cancer and reproductive harm, but it has become a flash point in California environmental law. Hunton Andrews Kurth partners Malcolm Weiss and Shannon Broome outline the regulations and the impacts on businesses with products in California.

What is California’s Proposition 65?

California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65) is one of the most onerous chemical right-to-know statutes in the nation. It prohibits businesses with 10 or more employees, including businesses that merely ship products into California, from exposing people in California to listed chemicals without providing a “clear and reasonable” warning.

Why Should I Care?

Bringing a Prop 65 action is relatively easy and lucrative for private plaintiffs and their counsel. In 2017, there were nearly 700 cases settled with defendants paying more than $25,000,000 in plaintiffs’ attorneys fees and penalties. This does not include defense counsel fees, business interruption and other costs to comply.