As many of you know, a fast-growing number of lawsuits have been launched over the last year against dozens of travel goods brands and retailers under a California law known as Proposition 65. The lawsuits allege that products such as totes, handbags, clutches, wallets and other travel goods sold by those brands and retailers in California contain lead (and in some cases, phthalates) in excess of the standards set under California Proposition 65. Proposition 65 lawsuits begin with a "Notice of Violation" (otherwise known as a "60-day notice") from the plaintiff.
In fact, a new Notice of Violation was just filed October 14 against dozens of travel goods brands and retailers for selling totes, handbags, clutches, wallets and other travel goods in California allegedly containing lead in excess of the standards set under California Proposition 65.
TGA has been working hard over the last few months to educate its members on California's Proposition 65.
See a detailed Proposition 65 FAQ for TGA members.
The Proposition 65 FAQ contains a discussion of Proposition 65's warning regulations and three sample Proposition 65 warning labels: Label 1, Label 2, Label 3 prepared by Lisa Halko from the law firm of Greenberg Traurig LLP for use by manufacturers/brands to comply with California Proposition 65.
Please note that product labeling presents only one option to comply with California Proposition 65.
Retailers and Proposition 65
For retailers in California, posting signs prominently:
Again, the signs should be prominently placed and the type/font size should be of sufficient size to be easily read by customers.
For those retailers selling product to customers in California via the Internet, a similar warning should somehow flash up before the customer goes to the order page or before the customer completes the order for the product. The warning in this case should read:
Again, for questions or additional information on California Proposition 65, please refer to the Proposition 65 FAQ for TGA members or contact TGA’s Nate Herman at 877-842-1938, x-708, firstname.lastname@example.org.
This document (hereby referred to as "the Prop 65 update") is provided by TGA for informational purposes only. TGA assumes no responsibility to update the Prop 65 update or to keep it current, but the information is subject to change. The Prop 65 update represents the understanding of TGA at the time of publication; any inaccuracy or omission is not the responsibility of TGA. Determination of whether and/or how to use all or any portion of the Prop 65 update is to be made in your sole and absolute discretion. The Prop 65 update is an educational tool only and does not constitute legal advice. Prior to using the Prop 65 update, you should review it with your own legal counsel. Use of the Prop 65 update is voluntary.
TGA does not make any representations or warranties with respect to the Prop 65 update. The guidance is provided on an "AS IS" and on an "AS AVAILABLE" basis. TGA hereby disclaims all warranties of any nature, express, implied or otherwise, or arising from trade or custom, including, without limitation, any implied warranties of merchantability, non-infringement, quality, title, fitness for a particular purpose, completeness or accuracy.
To the fullest extent permitted by applicable laws, TGA shall not be liable for any losses, expenses or damages of any nature, including, without limitation, special, incidental, punitive, direct, indirect or consequential damages or lost income or profits, resulting from or arising out of a company's or individual’s use of the chart, whether arising in tort, contract, statute, or otherwise, even if advised of the possibility of such damages.
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