This session will provide a primer and refresher on Prop 65’s requirements as well as an opportunity to delve into certain areas in more depth and learn about recent developments and strategies for compliance. We will first cover the basics, including: what products and substances the law covers; how disclosures/warnings must be made, including for internet sales; and enforcement mechanisms, both formal and informal. We will also consider how the law impacts manufacturers of retail products as well as wholesalers and producers of ingredients for other products. We will then address some specific compliance challenges. These include approaches for testing for covered chemicals, determining background levels for exposure, and establishing the level of exposure for a given person. Determining the level of exposure for food products requires consideration of a number of factors, including portion size and frequency of consumption. Finally, we will discuss some ways that food manufacturers can achieve greater certainty in their ability to comply with Prop 65’s requirements. These include legislative and regulatory efforts as well as industry-wide settlements. Such settlements may establish safe levels and background exposure levels and carve-outs. Parties may also opt-in to existing settlements. Examples will be drawn from food litigation, including recent cases concerning acrylamide and chocolate products.

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