California’s Proposition 65, also called the Safe Drinking Water and Toxic Enforcement Act, was enacted in 1986. This act is limited to the State of California and requires businesses to provide warnings to California residents about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.
ABC wholesale corporation imports a container of 50,000 toy trucks into the United States. The toy trucks are distributed throughout the fifty (50) states. 5,000 toy trucks make there way into XYZ department stores. John Doe purchases one of these toy trucks. Before letting his 5 year old son Barry play with the toy he tests it for lead. The test he performs results show a high level of lead content, beyond the permitted threshold. Further, it can be argued that exposure through dermal contact would result from playing with the truck. Unfortunately, the toy truck packaging did not bear a warning label as required by California law as to such exposure. Both ABC wholesale and XYZ department store are served with a 60-day notice alleging prop 65 violations.
