A new Prop 65 violation notice has been handed out to manufacturers of air freshener products. Prop 65 is an official California law that regulates how manufacturers must share information about the inclusion of toxic or dangerous chemicals inside consumer products.
A Prop 65 violation notice might include one or more chemicals inside a product about which consumers may not realize the dangers. Multiple chemicals inside one product, however, can also be included on one violation notice.
Prop 65 Violation Notice Affects Those Companies Selling Impacted Air Freshener
Makers of products that contain chemicals listed on the Prop 65 notification have to affix a clear and reasonable warning to the label of the product to notify consumers about the potential risks of using it and being exposed to those chemicals.
A consumer or other individual who identifies that there are chemicals about which there is no reasonable warning attached could initiate a Prop 65 violation notice. If the companies named in the letter do not have a response that acknowledges the dangers of the product in question in a timely fashion, the consumer or organization providing the initial notice may file a lawsuit.
Multiple Chemicals Named in Recent Air Freshener Prop 65 Notice
A Prop 65 violation letter of 60 days of notice of intent to sue was sent due to an alleged violation of California Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Prop 65. The included violators on the notice are those who sell air fresheners in their stores in California without providing a reasonable and clear warning that those products, when used by consumers, expose consumers and all individuals in the area to dangerous chemicals.
According to the Prop 65 violation notice, the air freshener products contain acetaldehyde, formaldehyde, and pentachlorophenol. Those chemicals are known to cause cancer and are listed on Prop 65 as a result. Furthermore, there are chemicals known to cause reproductive toxicity, including EGEE, EGEEA, ethylene glycol monomethyl ether and ethylene oxide included in the air fresheners.
The Prop 65 violation notice accuses the manufacturers and sellers of the air freshener products for making them from at least July 2005 until the present day. The Prop. 65 violation notice was sent to several major retail stores, including Walgreens, Albertsons, Home Depot, Target, Costco, Lowe’s, and Walmart.
Any individual can bring forward a private action if he or she believes that a violator is making chemicals without providing a reasonable warning. In recent years, consumers and other organizations raising awareness about Prop 65 have helped to address manufacturer violations of the law that could have exposed consumers to risks without proper knowledge.
Manufacturers may either rethink the makeup of the product or affix a proper warning to the exterior of the product to alert consumers about the chemicals inside that may be listed on Prop 65.
If you or someone you know believes that you have grounds to initiate a Prop 65 violation notice for any reason, you should consult with an experienced attorney at Bradley/Grombacher- you can learn more about filing a lawsuit against a company you believe to be in violation by filling out the form on this page.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.