New Amazon Proposition 65 Violation Filed Over Drinkware

Did you know that, as a California resident, you have rights if you discover a consumer product has dangerous amounts of certain chemicals listed in Proposition 65? Your decision to take action could prevent further harm for you and other consumers and may hold the company accountable for past actions violating this proposition.

New Amazon Proposition 65 Violation Adds to List

A California resident has lodged a notice of violation against Amazon.com, alleging that lead and lead compounds are found inside some of the products sold on the site. Any California citizen who acquires, buys or uses the named products could be exposed to lead and lead compounds which could lead to birth defects or other reproductive challenges, the notice alleges.

The products in question include copper drinkware with brass handles sold on Amazon.com. The Amazon Proposition 65 violation notice was filed on August 25, 2017, by California resident Susan Davia.

The online retailer has been hit with multiple violation notices in recent months.

An Amazon Proposition 65 violation notice filed August 10 accused the company of selling a waterproof cosmetic bag containing a Prop 65 chemical that poses risks to the male reproductive system. According to the Amazon Prop 65 violation notice, the item for sale on Amazon.com does not provide a “clear and reasonable warning” about the toxic effects of consumers’ exposure to the chemical.

Other examples of Prop 65 violation notices are claims that Wal-Mart sells a tote shoulder bag containing a cancer causing chemical and that Starbucks and roughly 70 other coffee companies are failing to warn consumers that the coffee they’re drinking could contain a chemical linked to cancer.

What Is Proposition 65?

Proposition 65 was approved in 1986 by California voters to address their growing concerns about being exposed to toxic chemicals, but many consumers today are still taking advantage of the opportunity to hold companies accountable when proper notice about these chemicals is missing from product materials. The 1986 Proposition 65 version was instrumental in establishing a baseline of accountability for companies that fail to meet notice requirements.

Ultimately, that initiative evolved into the Safe Drinking Water and Toxic Enforcement Act of 1986, also referred to as Proposition 65. A list of chemicals is included inside Proposition 65, and these chemicals are known to cause reproductive issues or birth defects. The list is updated a minimum of once per year and now includes more than 800 chemicals since it was initially established in 1987.

Businesses are responsible for notifying California residents about high amounts of these chemicals in the products they purchase in workplaces or in the home or those that are released into the environment.

Businesses that expose individuals to a chemical that does not have a safe harbor level means that they must provide a Proposition 65 warning, unless the business can successfully illustrate that the exposure level would not lead to a significant risk of reproductive harm or cancer.

How Does Proposition 65 Empower Consumers?

A consumer bringing forth a claim such as the Amazon Proposition 65 violation can file a lawsuit that forces the responsible company to pay steep fines. Up to $2,500 per day for each violation can be levied against the responsible company.

Proposition 65 is enforced throughout California by the California Attorney General’s Office and city/district attorneys in locations with more than 750,000 people living there.

Consumer products purchased online may pose risks to individuals that are not learned about until a serious injury has occurred.

If you or someone you know may have been exposed to a chemical listed in Proposition 65 or you believe you may have another Amazon Proposition 65 violation requiring investigation, fill out the form on this page for a FREE case evaluation. The Prop 65 lawyers at Bradley/Grombacher will evaluate your claim and contact you for a no-cost, no-obligation consultation if they think you have a case.