Proposition 65 is a controversial subject – companies and industry lobbies insist that it is an impediment to 
business, and goes too far; supporters insist that this is the only way to police the action of immoral companies. However, it is a reality in California and something all companies need to be aware of and in compliance with. Recent efforts to reform the law and make it easier for smaller companies by giving them an extended time-period for compliance failed in the house.
Nearly 30 years have passed since Proposition 65 was passed in California – and since then, all substances that have a 1 in 100,000 chance of causing cancer, birth defects or reproductive harm cannot be discharged into drinking water sources and cannot be used in products without providing a warning to consumers in California. In the last 30 years, citizens can file suit for violations and under the law, fines can be imposed upon companies for the use of such substances. Furthermore, a list is maintained by the Government as to which chemicals are to be watched.
Even minor violations can cost companies 2500 USD per day, and the lawsuits have become notorious for being driven more by monetary concerns than by public health priorities. Several lawyers deal primarily in proposition 65 violations, and a majority of fines and funds collected from violations have ended up as attorney’s fees. This means that the perceived or hoped for public good has largely not materialized. Unfortunately, the system at the current moment seems to encourage such litigation and these claims, creating a business environment that is not conducive. Even Disneyland needs to have a board warning people that their ranch might contain chemicals that are harmful under Proposition 65!
Given these problems, it is imperative for companies to ensure that they do not fall afoul this compliance requirement and avoid legal liability. Compliance experts can often provide the insight into understanding Proposition 65 and its requirements so that companies can plan ahead, prevent violations and lawsuits and still do good business. AudioSolutionz is hosting a Live Webinar on Thursday, 28th January conducted by noted experts Justin J. Prochnow, Greg Sperla, Anthony J. Cortez on California Proposition 65 compliance requirements.
