On August 30, 2018, new regulations took effect implementing California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). WilmerHale's Michael Hazel and Heidi Ruckriegle co-author an article addressing these changes and their impacts on Colorado’s outdoor industry. Read the full article, originally published in the January 2019 issue of the Colorado Bar Association's Colorado Lawyer. 

Excerpt: California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) is a California law that has significant legal and financial implications for every industry doing business in California, even those not physically located there. The law requires that businesses provide individuals purchasing goods in California with a “clear and reasonable warning” before exposing them to chemicals in products or places that could cause cancer or reproductive toxicity.

Colorado has a booming outdoor industry, with companies big and small moving their headquarters to the state—all of which likely fall under the purview of Proposition 65 because they conduct business (both brick and mortar and online sales) in California. Failure to comply can result in significant penalties. Thus every Colorado outdoor industry manufacturer, producer, packager, importer, supplier, distributor, and retailer that conducts business in California should comply with Proposition 65.

This article provides an overview of Proposition 65 and its recent regulatory changes, with an emphasis on the law’s relevance to Colorado and the outdoor industry and its impacts on businesses throughout the supply chain. It includes recommendations on best business practices for the outdoor industry in light of the new regulations.