Prop 65 Revisions: Liability Allocation, New Safe Harbor Warning, Internet Warnings

Compliance Challenges for Manufacturers, Distributors, Retailers and Others in the Chain of Business

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, July 12, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide environmental, products liability and business counsel regarding products sold to California consumers on complying with Proposition 65 and the Safer Consumer Products Act. The panel will discuss recent changes to the regulations and offer best practices for regulatory compliance.

Description

California’s environmental statute, Proposition 65, has been revised and those revisions take effect on Aug. 30, 2018. The changes are significant and will impact every product sold in the United States which comes into California. Prop 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires companies to provide warnings if their products include any of the over 900 chemicals on the Prop 65 list.

The new regulations include changes to the safe harbor warnings and also impose warning requirements to address products sold over the internet. In addition to the new warning requirements, some changes impact liability allocation. Companies may shift liability to authorized agents provided there was proper notice. Should a retailer fail to give the required warnings, upstream entities have an affirmative defense against liability.

Counsel to companies offering products in California as well as those in the distribution chain need to be up to speed on the changes, should evaluate the impact of the new warning regulations, and develop an implementation strategy.

Listen as our authoritative panel examines the revisions to Prop 65 and the implications of those changes for retailers, distributors and manufacturers. The panel will offer guidance on complying with the regulations.

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Outline

  1. Changes to Prop 65
    1. Liability allocation
    2. Safe harbor warnings
    3. Internet warnings
  2. Implications of those changes for companies
  3. Enforcement
  4. Best practices for compliance

Benefits

The panel will review these and other relevant issues:

  • How do the Prop 65 revisions change the warning requirements?
  • What products are impacted by the Prop 65 regulations?
  • What are the critical steps for environmental, products liability or general counsel advising clients to ensure compliance with Prop 65?

Faculty

Easter, Mike
Mike K. Easter, J.D., CHMM
Principal
EnSight Consulting

Mr. Easter provides toxicology  and risk assessment support. He has been involved with Proposition 65 since its...  |  Read More

Smith, Christopher
Christopher (Smitty) Smith

Atty
Steptoe & Johnson

Mr. Smith practices regulatory compliance and litigation as it relates to environmental matters. He concentrates on...  |  Read More

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