Another Proposition 65 lawsuit has been filed against Kiva Manufacturing, Inc. alleging they hid the Prop 65 warning behind a peel back label.
Health & Safety Code § 25249.6 provides, “No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual.”
Additionally, the regulations require that warnings be “likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use.” 27 Cal. Code Regs. § 25601(c).
The complaint alleges that warnings were hidden under peel-back labels, which hardly satisfies the requirement of being “likely to be seen” or “clear and reasonable.”
What makes this particularly surprising is that Kiva previously settled a Proposition 65 enforcement action, which agreement is filed with the California Attorney General.
The settlement is public and available here: https://lnkd.in/gfG8fx8v.
Kiva filed an Answer rather than challenging the complaint, so this case will proceed in LA Superior court for some time.
For the record, I vehemently disagree with cannabis being placed on the Proposition 65 list. However, as long as it remains there, compliance is not a matter of choice, not even for market giants like Kiva
Source: Linked In
