Prop 65: Vehicle Products And Legal Compliance

California's Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65, requires businesses to ensure that their products sold in California do not contain substances on the Proposition 65 list of known carcinogens and reproductive toxins in amounts greater than the limit set by the proposition. Proposition 65 applies to a wide range of consumer products, including motor vehicles and their parts. It mandates clear and reasonable warnings on product labels and websites, specifying the presence of chemicals known to cause cancer and birth defects. While small businesses with fewer than ten employees are exempt, larger businesses must comply or face civil lawsuits and penalties.

Proposition 65 and rented vehicles

Proposition 65, or California's Safe Drinking Water and Toxic Enforcement Act of 1986, makes it unlawful for a business with ten or more employees to expose a person in California to a chemical known to cause cancer or reproductive harm without providing a clear and reasonable warning. This includes chemicals found in motor vehicles and their parts, such as lead and lead compounds, engine exhaust, carbon monoxide, and phthalates.

As such, Proposition 65 applies to rented motor vehicles. A proposed regulation by the Office of Environmental Health Hazard Assessment (OEHHA) establishes safe harbor warnings for "rental vehicle exposure." This means that rental companies must provide warnings to renters about the potential exposure to harmful chemicals, such as those listed above.

The warning must be in a prominent location, such as on the rental agreement, a hang tag from the rearview mirror, or a confirmation email. It should also be in a clear and reasonable font size, typically no less than 6-point type.

The proposed regulation also provides alternative warning methods, such as posting a sign at the rental counter or including the warning in the owner's manual and window label.

It is important for rental companies to comply with Proposition 65 and provide clear and reasonable warnings to renters about the potential exposure to harmful chemicals. This will help protect renters' health and safety and reduce the risk of legal consequences for the company.

Proposition 65 and consumer products

Proposition 65, or California's Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings to be given to any consumer who might be exposed to listed carcinogens or reproductive toxins. It applies to any business with ten or more employees that sells products in California, regardless of whether the business is located in California or out-of-state. Proposition 65 covers a wide range of consumer products, including apparel and textiles, jewelry, accessories, home products, and food products.

The Proposition requires businesses to either ensure that their products do not contain substances in amounts greater than the limit set by the Proposition or provide consumers with warning labels. These labels must explain how consumers could be exposed to chemicals that may cause birth defects, cancer, or other types of reproductive harm by using the products.

The Proposition 65 list of chemicals is updated at least once a year by the Governor of California and contains almost 1,000 chemicals known to cause cancer or reproductive harm. A business must be aware that it is causing an exposure and must provide a clear and reasonable warning that effectively reaches the consumer before exposure.

Businesses that fail to comply with Proposition 65 may be subject to civil lawsuits brought by the California Attorney General, district attorneys, or city attorneys. Private parties acting in the public interest can also initiate lawsuits if they have provided at least 60 days' notice of the alleged violation to the business and the appropriate government officials. If a business is found to be in violation, a court may order it to stop the violation and pay civil penalties of up to $2,500 per day.

To become Proposition 65 compliant, manufacturers can implement Prop 65 labels on their products. They should first establish if their products might contain any of the chemicals on the Proposition 65 list and then get their products tested at a specialist testing laboratory. Finally, an exposure assessment should be performed to determine if the use of the product results in exposure above the safe harbor limits, triggering a warning.

Proposition 65 and exposure to chemicals

Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law in California that requires businesses to warn residents about possible exposure to toxic chemicals. These chemicals include those that can cause cancer, birth defects, or other reproductive harm. The proposition covers a wide range of products, from food and consumer goods to industrial emissions and building materials.

The proposition is enforced primarily through "private party enforcers", who sue companies that violate the law, seeking penalties, injunctive relief, and attorneys' fees. The statute is interpreted and regulated by California's Office of Environmental Health Hazard Assessment (OEHHA), which provides safe harbour warnings for specific products or all other products.

One of the critical aspects of Proposition 65 is that it shifts the burden of proof in enforcement cases to businesses. This means that companies must supply the scientific evidence to avoid liability, rather than the government. This strategic move has incentivised businesses to help regulators and has resulted in the voluntary reduction or elimination of toxic chemicals from thousands of products.

Proposition 65 also has a significant impact on rental vehicles, requiring clear and reasonable warnings about potential exposure to chemicals such as engine exhaust, carbon monoxide, phthalates, and lead. These warnings must be prominently displayed to renters before completing their reservation.

While Proposition 65 specifically applies to California, it has had a domino effect on consumer products nationwide. Manufacturers who reformulate their products to comply with Proposition 65 often find it impractical to sell a "clean" version in California and a "dirty" version in other states. As a result, toxic chemicals have been removed from various products across the United States, demonstrating the proposition's success in elevating control standards for toxic chemicals.

Proposition 65 and businesses

California's Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65, makes it unlawful for a business with ten or more employees to expose a person in California to a chemical “known to the State of California to cause cancer” or “reproductive harm” without providing a clear and reasonable warning.

The statute is primarily enforced by “private party enforcers” who sue violating companies, mostly manufacturers, distributors and retailers of consumer products, seeking and obtaining penalties, injunctive relief and attorneys’ fees.

The statute is primarily interpreted in regulations issued by California’s Office of Environmental Health Hazard Assessment (OEHHA). The OEHHA issues a list of chemicals that are known to the State of California to cause cancer or reproductive harm. This list is updated at least once a year and currently contains around 1,000 items.

Businesses selling in California must either ensure that their products do not contain substances in an amount greater than the limit set up by the proposition or provide the state’s residents with product warning labels that explain how they could be exposed to chemicals that could cause birth defects, cancer, or other types of reproductive harm, by using the products.

Proposition 65 applies to consumer products, such as apparel and textiles, jewelry, accessories, and home products.

Businesses with fewer than ten employees are exempt from the penalty phase of Proposition 65. However, if a business with fewer than ten employees sells to a distributor with more than ten employees, the distributor could still be liable.

Proposition 65 and enforcement

Proposition 65, or California's Safe Drinking Water and Toxic Enforcement Act of 1986, makes it illegal for businesses with ten or more employees to expose anyone in California to chemicals known to cause cancer or reproductive harm without providing a clear and reasonable warning. The Act is enforced by "private party enforcers" who sue violating companies, mostly manufacturers, distributors, and retailers of consumer products.

The Office of Environmental Health Hazard Assessment (OEHHA) interprets the statute and issues regulations establishing "safe harbor warnings" for products. "Safe harbor warning" means that if the prescribed language, graphic image, and method of transmission are followed precisely, the warning is deemed "clear and reasonable," and no court can hold otherwise. For example, one regulation requires specific warning language to be placed on the driver's side front window or on a mirror hang-tag in passenger vehicles and off-highway motor vehicles manufactured and sold on or after August 30, 2016.

Proposition 65 applies to a wide range of consumer products, including apparel, textiles, jewelry, accessories, home products, and food products. It also applies to products containing chemicals and substances such as lead, phthalates, and asbestos, which may be found in motor vehicle parts.

The website www.p65warnings.ca.gov provides a list of products covered by Proposition 65, mentioning specific product categories or specific substances and examples of products that might contain them.

Businesses selling in California must either ensure their products do not contain substances in amounts greater than the limit set by Proposition 65 or provide warning labels explaining how consumers could be exposed to harmful chemicals by using the products.

State law requires any person suing "in the public interest" to enforce Proposition 65 to notify the Attorney General of the lawsuit and its outcome. The Attorney General's Office has an online process for reporting Proposition 65 private enforcement actions, and all reports must be filed electronically.

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