Don’t Touch That Dial

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A reminder that new Prop 65 regulations become effective the end of this month and some key changes may directly affect online on-product warnings, internet sales, catalog sales and even on-TV sales.  The new regulations are explicit about the timing of the warning. Warnings must now be given prior to completion of the sale, not just prior to the exposure. This new timing has online sellers, resellers, and even TV sales programming scrambling to make sure the warnings are given on time.

“Operators are standing by!” may trigger a new sales tagline: “And if you’re buying in California, WARNING: This product can expose you to a chemical including. .  . . . www.P65Warnings.ca.gov.”

Remember, in just a few weeks (August 30, 2018), the new safe harbor warnings are in effect for products manufactured after that date!

For more information, see our prior blogs on Prop 65.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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