Even Your Parking Structure Violates Prop 65

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Greenberg Glusker Fields Claman & Machtinger LLP

The Prop 65 “Clear and Reasonable Warnings” updates that became effective in August 2018 contain lots of traps for the unwary, including one that you might not have noticed:  tailored Prop 65 warnings are required at each of the public entrances to your enclosed parking facilities.

To avail your regulated business to the “safe harbor” content and method provisions of the “enclosed parking” provisions of Prop 65,  you must comply with specific signage requirements such as the size, placement, font and warning symbol, as well as include the following warning language: “Breathing the air in this parking garage can expose you to chemicals including carbon monoxide and gasoline or diesel engine exhaust, which are known to the State of California to cause cancer and birth defects or other reproductive harm.  Do not stay in this area longer than necessary.  For more information go to www.P65Warnings.ca.gov/parking.”

Businesses have pointed out that Prop 65 signage at enclosed parking facilities does absolutely nothing to change human behavior.  People still need to go to work, and if they live in many parts of California, they still need to drive to work and park.  Despite this, prudent business owners should still comply with the warning requirements as penalties for failure to comply with Prop 65 can be steep – up to $2,500 per day for each violation.  Businesses that do not comply with Prop 65’s warning requirements are often targeted by plaintiffs’ attorneys and consumer groups and may be held responsible for plaintiffs’ attorneys’ fees.

We are experienced with counseling and defending clients on a variety of Prop 65 matters.  We are available to answer any questions you may have regarding compliance with the new warning requirements.

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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