How California’s Proposition 65 Is Enforced

California’s Proposition 65 includes hundreds of different chemicals that are known to cause reproductive harm, cancer risk or other serious medical conditions. Manufacturers and producers are responsible for notifying California residents of the presence of these chemicals in their products.

Companies that violate this could face serious fines and other problems. This leads many to be concerned about how Proposition 65 is enforced throughout the state of California.

Enforcement of Proposition 65 in California

The primary way that enforcement of California’s Proposition 65 is managed in the state of California is through civil lawsuit. Any district attorney, designated city attorneys and the attorney general can initiate these lawsuits.

Who Can Initiate Claims Under California’s Proposition 65?

Private parties that are acting in the public interest may also be eligible to initiate a lawsuit but only after notifying the appropriate city and district attorney, the attorney general and the business accused of the violation. The notice has to include necessary information for all of the recipients to determine the nature of the violation.

A private party is not eligible to pursue independent enforcement action of Proposition 65 in California; however, one of the government officials provided the notice can initiate their own enforcement action within 60 days of getting that notification.

Businesses identified in violation of Proposition 65 could face civil penalties of up to $2,500 for every day of the violation. Furthermore, a court may order the business to discontinue the violation.

When Can’t a Claim Be Filed Under California’s Proposition 65?

There are certain situations that prohibit private parties from filing an enforcement action. For these particular kinds of exposure, the act enables the business to correct the alleged violation without necessarily facing the fines and other penalties. These include:

• Exposure to alcoholic beverages that are consumed on the violator’s premises, to the extent that such consumption is allowed by the law.
• Exposure to listed chemicals in Proposition 65 for a beverage or food prepared/sold on the violator’s premises that is intended for consumption on or off the premises.
• Exposure to environmental smoke from tobacco due to entry of individuals beyond employees, operated or owned by the alleged violator, when such smoking is allowed on that property.
• Exposure to chemicals in engine exhaust.

If a private party alleges that such a violation happened in one of these situations listed above, the private party is responsible for notifying the alleged violator of the special complaints procedures and approve of compliance forms.

An attorney experienced with the complexities of California’s Proposition 65 can help you file a compliance form or begin a private action against a company that is in violation of the law. The lawyers at Bradley/Grombacher are here to investigate your claim and provide you with further information about pursuing legal action when a company violates California’s Proposition 65 — get help today to protect your right to file a claim.