Reading the notice itself
A Prop 65 notice of violation is the formal step a private enforcer must take before suing under California's warning law, and it goes to the business and to public prosecutors at the same time. It identifies the listed chemical, the products at issue, and the kind of exposure claimed, and it should come with a certificate of merit and a summary of the law. The level of detail matters, because a notice that describes products too vaguely can itself be open to challenge. Check whether the product names, sizes, and sales channels match anything you actually sell into California. Note the date of service carefully, since the waiting period that follows is set by law and runs whether or not you respond.
Working out where responsibility sits
Many notices reach a retailer or an online seller for a product someone else made. California's regulations generally place the primary duty to warn on businesses higher in the supply chain, with retailers responsible in narrower circumstances, so an early practical question is who upstream should be taking the lead. Pull your purchase orders and vendor agreements, look for indemnity and compliance clauses, and send a written tender to the supplier promptly. Collect any test results and material specifications, along with images of the labels and online listings as they appeared when the notice arrived. Ask counsel before changing listings or labels, because the timing and wording of a change can matter later. Very small businesses fall outside the warning requirement, so confirming your headcount is a quick first check.
Choices before the waiting period ends
During that window the public prosecutors who received the notice may decide to take the matter on themselves, and when they do not, the private enforcer is free to file. A response can take several forms, from explaining why no warning was required, to offering a correction and a settlement, to preparing for a lawsuit. Settlements of private Prop 65 claims are reported to the California Attorney General, and those reached after a suit is filed need court approval, so the terms are seen by more than the two parties. In a first meeting we look at the notice, your sales into California, your supplier contracts, and any testing, and we discuss whether the matter is yours to handle, your supplier's, or shared. We also check whether other products in your line could draw the same notice next.
