Prop. 65: Revised Warnings One Year Later and Developments in PFOA/S, Glyphosate and Soluble Nickel

California's environmental statute, revised Proposition 65, took effect last year. The changes are significant and 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. Besides 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 and 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.

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

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?