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I have recently been contacted by a lawyer from California about my products not being labeled per the Prop 65 rules.
I use sheet goods and because they have formaldehyde, I am supposed to labeling this on my website and products. All of the wood I use meets the CARB 1 rules.
Has anyone else run into this? Especially you guys from CA?
I'd tell that lawyer that he'd make more money chasing ambulances than chasing plywood.
Easy to say but not easy to do when they have filed a lawsuit against you. Looking a few thousand dollars in penalty and lawyer fees.
Has anyone else had this experience?
We had an attorney here going through every business park and sending letters about suing on behalf of one handicapped person. He said $5000 or he would sue and the owners better put up the proper signage and lines for the handicapped parking. We paid several thousand for a 7' tall sign and new striping. He ended up getting charged with extortion and was disbarred. I would check with others in your area and talk to the state AG.
Sorry Puzzleman, I didn't know you were actually served a complaint. Your post sounded like it was just a deadbeat lawyer kicking tires.
You don't manufacture the plywood. Also I'm sure his client has not developed cancer. No harm has been done, and this should be easy to get dismissed.
Lawyers looking for class action suits in Calif are ubiquitous. They are always harassing people for ADA violations, which usually results in paying the lawyer some money to go away, (conjecture on my part but since Calif is the most socialist state in the US I'm thinking that it is a case of apparatchiks looking for their due)
Can't you just put the labels on the puzzles?
Although the participants on the woodweb are very smart indeed, they are not lawyers.
In Calif the Prop 65 stickers are everywhere, there must be a reason.
Coffee now has to carry a prop 65 label so why not Plywood? The State used to be known as " The Great State of California " but now its just referred to as " The Great State of Confusion. "
Ron-Co Breath-O-Meters are in the works where Californians are charged for each breath they take. Hold on to your wallet folks.
This is a recent ruling; became effective 4-2018; I believe we have to be compliant July 01 2019. Yes the ubiquitous prop 65 label will now be on cabinets sold to consumers and in public spaces.
The new provision provides manufacturers (and others in the supply chain, such as producer, packager, importer, supplier, or distributor) with two basic options: (1) affix an appropriate warning to the product; or (2) provide written notice to the retailer regarding the required warning for the product.
From a quick search it seems that businesses with fewer than 10 employees are exempt?
What else have you discovered about this?
I've had a few legal shots over the years. It took my own time to solve it but they were basically shakedowns.
Wondering if this is the same.
We have decided to put the Warning into the use and care manual with the option for the owner to request stickers.
Our counsel said there is no issue for our workers or the job site as we submit MSDS (whatever the new name is) on every job and its up to the GC or owner to label.
The issue is in 2 years down the road when someone cuts existing millwork, those people need to be warned.
Those of you selling to homeowners direct have a different issue and requirements.
Prop 65 is a state issue, while some references here have spoken of disability which is federal ADA, and the two should not be treated lightly. Google "prop 65 labeling requirements". You can verify there that the only regulatory requirement is to post that label - e.g. no registrations, no filing fees, atc.You can also look for representation groups which have arisen in response to the opportunistic outsiders who seize the initiative to take advantage of people such as yourself who unintentionally tangle with either set of rules. Such groups have become an industry in themselves and your response to the rules should be relatively easy if you just check the rules that the individuals you mention blindside you with. Good luck.