Why in good conscious would a state law allow such a thing? I thought the idea of this prop is to improve labeling so the consumer can be better informed. I would think damages would have to be proved before anyone could collect.

Our products are not sold to the consumer directly, instead they are sold to industrial distributors who sell to industry, factories, and in some cases, the consumer who uses our product in a private repair or machine shop. No one eats our product and in no way could ingest it. It just didn't have the prop 65 label on it. I'll let you all know the outcome 60 days from now.

Although I'm still not hiring an attorney, I'm just sending a letter to the bounty hunter (attorney) directly and thanking him for making me aware of this 'public health' law and explaining the corrections we have made in our labeling procedures so this will never happen again. If I get sued, I have insurance for that and let those crooks pay the plaintiff attorney crooks and end of story.

Thank you for treating me with a great deal of respect, being you are defense attorneys I can see why you would.

Ted

Since reading the 60 day notice, I’ve been doing my research and I thought this was a forum talking about the problems of prop 65 for business owners and what one could do for themselves.

Ted, this sentence does not inspire confidence. Anyone who looks at this blog with even the smallest amount of due diligence will immediately recognize that it is not a "forum for talking about the problems of prop 65 for business." You did not exercise due diligence. You did not read critically. You did not, as far as I can tell, read more than a tiny slice of the original post.

Are you going to do better when you read the notice sent to you, and when you research how to respond to it?

But as always, attorneys do only for attorneys and the first suggestion is always to “hire one”.

It's true that attorneys tend to recommend that people seeking advice hire attorneys, Ted. Similarly, if you went to a web site where doctors hung out and asked them what that lump in your wife's breast is, they probably wouldn't recommend a course of treatment in a post on the internet. They'd tell you to go check it out. If you went to a site where chemical engineers hang out and asked them what the manufacturing plant next door is dumping into the river based on its color, taste, and smell, they'd tell you to go consult a professional. If you got an IRS audit notice and asked a board of tax professionals how to address it, they'd tell you to go consult a professional. If you ask here for advice about Prop 65 cases, we'd tell you to go to a professional, because none of us do that work and because we can't give advice over the internet with dramatically limited information even if we did. Hell, Ted, if you showed up at my office tomorrow and handed me $20,000 in cash to handle your prop 65 case, I'd send you away, because I don't do that type of law, and it would be reckless of me to try.

You can choose to believe that's because all those professionals are crooks looking to support other people in their profession. Or you could maybe conclude that perhaps — just perhaps — professionals recognize that their work isn't something that can be done in a handful of lines on a post on the internet.

I don't know what you do for a living, Ted. But tell me this — suppose I told you that tomorrow I could start doing your job just as well as you do, without your training or years of experience. Wouldn't you think that made me a presumptuous ass?

It's like cancer. No one deserves to have cancer. But you can't be mad at the world if you get it. When you get cancer, you need a doctor. When you get a threat of a lawsuit, you need a lawyer. Go get a lawyer of your own, one that you know will be on your side. Believe me, there are plenty who would be willing to help you.

But the strategy of ignoring the threat letter becuase you don't feel like you deserve to be sued is not a good one. We call this the "ostrich strategy" — sticking your head in the sand so you can't see the threat doesn't mean the threat is really going away. Don't be an ostrich. Go talk to a lawyer. That is all I have to say on this subject.

But don't reply with another jeremiad, please. This is our site. It's our home, in internet terms. When you visit friends, neighbors, or strangers in their homes, we're sure you don't insult them. So why would you do that to us?

Please treat us with the same courtesy you'd treat anyone who had invited you into their home. You seem to be a decent fellow. Keep it up.

Again, God bless.

I'm just upset that after 55 years of doing business a 'bounty hunter' has singled me out to profit from and we were caught with our pants down. Why not just a warning and a threat of what could happen if we didnt comply?

God bless!

Thank you for your time gentleman, it’s a wonder you can be at peace with yourselves.

Let me know how that works out for you.

I've read that companies with less than 10 employees are exempt, we have 8, does this mean i can breathe easy?