New Prop 65 Carbon Monoxide Notice Affects Californians

Bradley/Grombacher, LLP • November 9, 2017

A new notice from the Ecological Rights Foundation indicates that a number of companies in California are accused of violating Proposition 65. A Prop 65 carbon monoxide notice was recently issued warning consumers within California about known chemicals that could cause reproductive toxicity or cancer occur when consumers use a fire pit or wood burning fire rings.


The Prop 65 carbon monoxide notice explains that consumers who use wood-burning fire rings or fire pits may be exposed to harmful chemicals in the products they use. These products are most frequently used outdoors for cooking, heating, and ambiance in someone’s backyard, a public park, or a beach. The wood combustion that occurs during that process could release carbon monoxide, a chemical that could expose consumers to reproductive toxicity. As explained in the Prop 65 carbon monoxide notice, people standing nearby may inhale this chemical.


The Prop 65 carbon monoxide notice from ERF explains that the organization intends to bring enforcement action against every party within two months after the release of the warning. That Prop 65 carbon monoxide notice outlines the companies who produce goods that are known to contain carbon monoxide chemicals upon the release during wood burning. Consumers should be aware of the risk of reproductive toxicity on inhaling. Products sold in store as well as online are listed on the Prop 65 carbon monoxide notice.


Companies Named in New Prop 65 Carbon Monoxide Notice

A number of different companies producing goods affecting California consumers were named in the report. They include:


  • Target
  • Amazon
  • Walmart
  • Deeco Consumer Products
  • Home Depo


Proposition 65 has been in place for decades with the primary goal of making consumers aware of products they may purchase that include known carcinogens or chemicals linked to reproductive toxicity. Every year, the chemicals on the list are reviewed and additions are made. Companies that produce any goods containing those chemicals have to notify consumers about the inclusion of these chemicals so that customers can make an informed decision about buying the product. Companies are responsible for reviewing the list annually to ensure their notices are current regarding consumers.


If a company is in violation of the rules with Proposition 65, they could be held responsible with fines. A consumer or organization who becomes aware of this issue can also raise concerns and this could prompt lawsuits.


According to this most recent Prop 65 carbon monoxide warning notice, the violators are responsible for completing a comprehensive evaluation into whether any other products stocked or sold by them are known to contain the potential for carbon monoxide inhalation upon use. The notice requests that the companies investigate during the previous three years to ensure that appropriate warnings have been provided to California citizens.


If you believe that you have purchased a product that contains chemicals listed on Proposition 65, contacting a law firm can help you figure out next steps and help protect you and other consumers. Scheduling a consultation with the attorneys at Bradley/Grombacher is a recommended next step to help you with your concerns.


Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit. 


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