60-Day Notice Archive

In the area of Proposition 65 litigation, The Chanler Group represents citizens of the State of California acting in the interest of the general public to promote awareness of exposures to toxic chemicals in products sold in California and, if possible, to improve human health by reducing hazardous substances contained in such items.  After conducting an extensive investigation into an alleged violation, The Chanler Group’s clients serve a 60-Day Notice of Violation on the alleged violators with copies served on the requisite public prosecutors pursuant to California Health & Safety Code § 25249.6 et seq. (“Proposition 65”).  The Notice identifies the products causing the exposure, the alleged routes of exposure to the chemical at issue, and the types of harm potentially resulting from exposure to the toxic chemical. 

Based on the allegations set forth in this Notice, the citizen enforcer intends to file a citizen enforcement lawsuit against the alleged violator unless such violator enters into a binding written agreement to: (1) recall products already sold or undertake best efforts to ensure that the requisite health hazard warnings are provided to those whom have received such products; (2) provide clear and reasonable warnings for products sold in the future or reformulate such products to eliminate the exposures; and (3) pay an appropriate civil penalty based on the factors enumerated in California Health & Safety Code § 25249.7.  Neither The Chanler Group nor the citizen enforcers can: (1) finalize any settlement until after the 60-day notice period has expired; nor (2) speak for the Attorney General or any District or City Attorney who received this Notice as they consider whether to prosecute the matter itself.

The 60-day notice period has expired on all of the following notices: