San Diego, CA
The primary Prop 65 issue facing business owners today is the provision of a consumer notice which identifies the specific chemicals or compounds contained within a product or food that are known by the State of California to cause cancer, birth defects or reproductive harm. While there have been various interpretations of the laws and legal proceedings to hammer out the details, a final date for businesses to come into compliance with specific notifications associated with Prop 65 has been established: August 30, 2018. After this date, all businesses – brick and mortar or online – with sales into the State of California must be in full compliance with Prop 65 or face substantial financial and legal consequences.
“The failure to comply exposes each company in the chain to fines of $2,500 per day as well as plaintiff’s legal fees, which often approach six figures, as well as the costs of their own litigation defense,” said tax attorney Janathan L. Allen, of Allen Barron, Inc.
It is important for any business with more than 10 employees who produces, manufactures, distributes or offers any commercial or consumer products for sale within the State of California to understand their responsibilities under Prop 65. This includes all retailers with physical locations in the State of California as well as those who offer catalog sales or online purchases to California residents.
“Your company can still obtain a ‘safe harbor’ as a defense to litigation or potential litigation, as long as the warning is in compliance with the new regulations,” noted Allen.
Allen Barron’s Proposition 65 attorneys work with people to come into compliance with all “Clear and Reasonable Warning” requirements established under Prop 65. “If you have received a 60-day notice, we work aggressively to defend your interests while seeking authorization from appropriate legal entities for you and your company to correct potential Prop 65 violations,” concluded Allen.
About Janathan L. Allen, APC, Allen Barron, Inc.
The law practice of Janathan L. Allen, APC provides insightful business, legal and tax-related services for San Diego and U.S. businesses which require experienced and insightful counsel in order to remain competitive in an ever-changing U.S. and global business environment. The firm helps clients to assess the impact of changes in U.S. business law, tax codes and regulatory requirements, in addition to legal services such as business contract, business formation, employment and operational legal services. When combined with the business advisory, accounting and tax preparation services of Allen Barron, the firm provides a single-source business partner resulting in a more extensive and valuable advisory and service offering while leveraging economies of scale. For more information, please call (866) 631-3470 or visit www.allenbarron.com. Its main offices are located at 16745 West Bernardo Drive, Suite 260, San Diego, CA 92127.
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