ARTICLE · 23 JANUARY 2020

Proposition 65 – Actual Knowledge & Warning Obligations Under Recent Amendments

Pillsbury Winthrop Shaw Pittman

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On October 8, 2019, Pillsbury issued an alert regarding the then-proposed amendments to the regulations. To recap the highlights of that alert, "actual knowledge" is now defined as follows:

United StatesGovernment, Public Sector

Christopher W. Smith

Stephanie Angkadjaja

On December 31, 2019, California's Office of Administrative Law approved amendments to regulations underpinning Proposition 65. The amended regulations become effective on April 1, 2020.

Takeaways

Proposition 65 regulations have been updated to clarify the phrase "actual knowledge" and how it can be imputed to retailers for their warning responsibilities.
Manufacturers and distributors now have a mechanism of shifting the warning burden down the stream of commerce to retailers.

the retail seller receives information from any reliable source that allows it to identify the specific product or products that cause the consumer product exposure. Such knowledge must be received by the retail seller, its authorized agent or a person whose knowledge can be imputed to the retail seller.

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