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Litigations for Prop 65 violations in fashion-related products are increasing. Avoid penalties with our one-stop screening service.

What is California Proposition 65?

CA Prop 65, the Safe Drinking Water and Toxic Enforcement Act, requires the state to maintain and update a list of chemicals known to cause cancer or reproductive harm. Businesses must warn consumers about exposure to these chemicals in their products, homes and workplaces. Penalties for violations can reach up to $2,500 a day.

Who enforces it?

Prop 65 is enforced by the California Attorney General's office, district attorneys, and city attorneys. An individual can also take action by filing a lawsuit after providing a notice of at least 60 days to the business, attorney general, and district or city attorney.

Who is at risk of litigation?

Prop 65 litigators target all businesses, small and large. 122 60-day notices were issued to companies for fashion-related products in 2017. The number is increasing – 108 notices were already issued by the end of May this year. Court-approved judgements for fashion-related products in 2018 range from $15,000 to more than $90,000, not including attorney fees. Out of court settlements in 2018 have already exceeded a total of $145,000. Notices most commonly cite footwear, accessories and bags. However, apparel is also flagged.

How do I avoid litigation?

Litigators can easily obtain your products in store or online. This means that pre-production testing of raw materials may not be enough to avoid a 60-day notice. Pre-production samples may not be representative of your final product; you must also screen your product before it leaves the distribution center.

How can SGS help?

Through our Prop 65 surveillance screening program, we:

  • Check your merchandise for high-risk chemicals before it leaves the distribution center for the California market
  • Provide you with real-time results on your final product, so you can avoid distribution delays
  • Keep you informed of the latest changes to Proposition 65 and update you on what you need to do to remain compliant

Our New Jersey based laboratory has years of experience successfully screening for high risk Prop 65 chemicals.

Fill out the form below to contact an expert and learn how you can avoid litigation and penalties.

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