Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations

by MERITAS - Law Firms Worldwide
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California laws and regulations are replete with California specific provisions that can trip up the out of state manufacturer, supplier or retailer of goods in the state. Manufacturing for, and selling products into the California market, directly or through the internet is complicated by several California specific laws that regulate the chemicals that are contained in that product. In this webinar we identify and discuss three of those laws: Proposition 65, the Green Chemical Law and regulations and the Rigid Plastic Container See more +
California laws and regulations are replete with California specific provisions that can trip up the out of state manufacturer, supplier or retailer of goods in the state. Manufacturing for, and selling products into the California market, directly or through the internet is complicated by several California specific laws that regulate the chemicals that are contained in that product. In this webinar we identify and discuss three of those laws: Proposition 65, the Green Chemical Law and regulations and the Rigid Plastic Container rules.

Proposition 65 requires that any products that are exposed to consumers or employees contain warnings on them if they contain levels of Chemicals “known to the state of California” to be carcinogens or reproductive hazards. Prop 65 contains over 800 chemicals that, at designated levels, require specific warnings. The statute contains a bounty hunter provision that has created a lucrative area of the law for Plaintiff’s attorneys and a thorn in the side of many manufacturers and their respective retailers. Many ordinary day to day products have garnered plaintiff’s attention including furniture, jewelry and even baby food. We will discuss the basics of Prop 65, litigation of Prop 65 and defending a typical case.

A second statute with regulations that are newly minted, the Green Chemistry Initiative requires that manufacturers attempt to find alternative ingredients to certain allegedly harmful chemicals also identified by the State. Although this statute does not have the bounty hunter provisions, it does have penalties that can be imposed by the regulatory agencies. We will discuss the statute and regulations, and what products are likely to be addressed first.

The final statute that we will discuss are the little know regulations involving the sale of products in plastic containers. Related to the laws in California that attempt to divert materials from landfills comes California specific regulations concerning the use of thinner plastics and recycled plastic in disposable plastic packaging. We will identify those manufacturers that are responsible for complying with this law as well.

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