Founder
For Amazon stores that sell products in California, awareness of California Proposition 65 is critical. Proposition 65 is a law concerning the disclosure of certain chemicals in products. It raises a series of compliance issues and potentially expensive litigation claims.
Proposition 65 mandates that businesses provide a “clear and reasonable warning” on their products before exposing people to specified chemicals that are potential carcinogens. The State of California regularly updates a list of chemicals “known to the state to cause cancer” on the website of the California Office of Environmental Health Hazard Assessment. The list includes 1,000 chemicals and continues growing.
Proposition is enforced through civil actions brought by private enforcers acting in the public interest. Along with attorney’s fees, the law allows for civil penalties of up to $2,500 per violation per day, as well as injunctive relief to correct violations. Many cases settle out of court, with businesses agreeing to reformulation commitments, revised warnings, and financial payments. Amazon sellers must be aware of the implications of Proposition 65 to avoid the perils of the law’s significant and severe penalties.