Your Webpage Is About To Violate The Law -- And Other Changes To Prop 65 Warning Requirements

Big changes are coming to a regulation that, while well meaning, cost businesses selling products in California more than $50M in 2017 and similar amounts in prior years.  California's Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as Proposition 65 ("Prop 65"), is getting a makeover – new warnings, shifting burdens and more specific internet and catalog safe harbor requirements that take effect August 30, 2018.  Unfortunately, the makeover will not deter Prop 65 "enforcers" and their counsel who will continue to burden business with enforcement litigation that does little to further the stated goals of the regulation.  And now with the new internet and catalog warning requirements, these individuals can "hunt" from the comfort of their own homes.  What does this all mean?  Now more than ever, businesses that sell products in California should seek advice from experienced counsel to help them navigate and comply with this challenging