Franchising & Distribution Law Blog

In 1986, California enacted the Safe Drinking Water and Toxic Environment Act popularly referred to as “Proposition 65.” Cal. Health & Safety Code § 25249.6 (West 2012). Proposition 65 requires that any product or services which contain certain chemicals with the potential to cause cancer or reproductive toxicity to give a “clear and reasonable warning” that the product or services contain such chemicals. The breadth of Proposition 65 is comprehensive applying not only to California business, but also to any other companies that sell products or engage in activities that could result in potential exposures in the State of California. Hence, any company which distributes products or performs services which have the potential to end up in California commerce should be aware of the Act and comply with its terms if necessary.