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Prop 65 Updates for Retailers and Direct Marketers: What You Need to Know Before the August Deadline

Prop 65 Updates for Retailers and Direct Marketers: What You Need to Know Before the August Deadline- On Demand

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Prop 65 Updates for Retailers and Direct Marketers: What You Need to Know Before the August Deadline- On Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Use this on-demand webinar to learn what your organization needs to do to comply with the Prop 65 deadline in August — and avoid legal repercussions.


ALERT: This summer, businesses will have new online and catalog warning obligations and new opportunities to protect themselves from liability.

California Prop 65’s amendments, which require businesses to properly list the dangerous chemicals their products may expose to homes, businesses, and the environment, bring critical changes to the law that go into effect in August. The risk of Prop 65 lawsuits may increase as savvy plaintiff’s firms look for new “gotcha” opportunities that may arise out of the changes – and legal repercussions can travel up the chain of command and land in the hands of business leaders if the new regulations are not properly adhered to.

Use this on-demand webinar, with presenters Daniel Nuzzi and David Bertoni, both Partners at Brann & Isaacson LLP, as they give direct marketers important heads up on new Proposition 65 rules before they go into effect. They will outline both obligations (including new online and catalog warning requirements) and opportunities to reduce potential liability through careful contracting, internal policies, and an understanding of new safe harbors for retailers.

You’ll learn:

  • The key changes in the Prop 65 revisions
  • Amended safe harbor provisions for retailers and direct marketers
  • How and when to make required disclosures on ecommerce platforms and in catalogs
  • Who is responsible for providing warnings
  • Using vendor agreements/indemnification to protect retailer exposure
  • Examples of proper warning symbols and language
  • When to test products
  • Creative, proactive measures to reduce your risk profile
  • How to use demand letters as a strategic responses to reduce liability
  • Whether or not you settle in a legal situation


About Your Presenters:

Daniel A. NuzziDaniel A. Nuzzi
Brann & Isaacson, LLP

Daniel A. Nuzzi is a partner at the firm whose practice includes civil litigation in state and federal courts and administrative agencies on behalf of national corporations, local businesses and individuals. His current areas of focus include commercial and contractual disputes, employment law, products liability, real estate and insurance disputes. In addition to his active litigation practice, Mr. Nuzzi counsels clients with respect to matters of international trade and governmental compliance with, among others, U.S. Customs, Federal Trade Commission and Consumer Product Safety Commission regulations.

David W. BertoniDavid W. Bertoni
Brann & Isaacson, LLP

David, a partner at Brann & Isaacson, helps clients untangle and apply advertising, privacy, tax, and product safety laws; guides them through government audits and investigations (including by the FTC, the CPSC, and state attorneys' general); and represents them as lead counsel in trials, administrative hearings, and appeals. His success in defending class action cases, a peril increasingly faced by online and multichannel marketers, led to his selection by the American Bar Association as an author for its go-to treatise in the field, A Practitioner’s Guide to Class Action Litigation, and by Benchmark Litigation as a class action litigation star in 2013, 2014, and 2015. He is a graduate of the University of Rochester and George Washington University Law School.

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