Prop 65 Protection Program  Click here for the free demo!

Helping shield your company from California Prop 65 lawsuits

California Proposition (Prop) 65 was passed into law in 1986 and requires product manufacturers, distributors, and formulators to provide “clear and reasonable” warnings on products sold in California that contain chemicals known to be carcinogenic, or to cause birth defects or other reproductive harm—if exposure to those chemicals from the product, exceeds the safe harbor level. Companies selling products have paid millions of dollars in fines and penalties for alleged failure to properly provide a warning label for consumers. General liability policies, products liability policies, and pollution liability policies do not respond to such claims, and until now there has been no insurance to provide protection to companies who are named in a one of these lawsuits.

Wells Fargo Insurance has developed the first liability insurance program tailored to provide protection for product manufacturers, distributors, and formulators of products that contain any of six plasticizers covered under the Prop 65 definition. These plasticizers are used to add flexibility to a whole host of commonly used products. Registration provides you with a tutorial; a self assessment based on the information in the tutorial; and an Insurance Application and Acknowledgement form that can be submitted online to Wells Fargo.

California Proposition 65 Facts

California Proposition 65 requires product manufacturers, distributors, and formulators to provide “clear and reasonable” warnings on products sold in California that contain chemicals known to be carcinogenic, or to cause birth defects or other reproductive harm. Enforcement of this regulation occurs through civil lawsuits. Unlike most other regulations, which require the plaintiff to prove harm related to the claim, private citizens who sue are not required to do so—and many claims are filed by “bounty hunters.”

If a lawsuit against a manufacturer or distributor is successful, the result can be costly settlement expenses, including defense costs, plaintiff’s attorney costs, civil penalties, and payments in lieu of civil penalties. These expenses can be costly— and there is no requirement that the plaintiff prove intent or actual violation for a company to be named in a lawsuit. Our specialized coverage for Prop 65 will help companies have peace of mind that they are protecting their business from these onerous suits.

Protect your business from plasticizer lawsuits under California Prop 65

Companies can mitigate their risk by securing Prop 65 coverage to provide protection from the costs associated with defending a Prop 65 lawsuit specific to plasticizers, including:

FINES PENALTIES LEGAL COSTS EXPENSES

This coverage is offered through Wells Fargo Insurance and will be serviced by Safehold Special Risk, Inc. a division of Wells Fargo Insurance. Safehold offers a diverse set of special risk insurance products with services provided by professionals with experience in each specific area of risk.

 

 

For more information about the program, contact:

Terry Peters
Vice President Technical & Industry Affairs, SPI
tpeters@plasticsindustry.org
(202) 974-5280