Prop 65 Quiz Survey

NOTE: The following questions and answers are by way of example only and do not constitute, nor should they be understood as, legal advice intended to be relied upon by any SurveyMonkey customers. We recommend that you obtain independent legal advice with respect to your organization's specific regulatory and legal obligations.

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* 1. What is "Prop 65"

A. A referendum approved directly by the Californian people

B. An act of the Californian legislature - The Safe Drinking Water and Toxic Enforcement Act

C. OEEHA regulations - Cal. Code Regs. Title 27, § 25601 et seq.

D. All of the above

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* 2. What does Prop 65 do

A. Bans listed chemicals from being sold in California

B. Bans listed chemicals from being introduced into products sold in California

C. Prohibits exposure to listed chemicals without first giving clear and reasonable warning

D. A and B

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* 3. Prop 65 regulations include warning language

A. …which is the only language that a company can use to escape liability under Prop 65

B. …which is language deemed to be clear and reasonable under Prop 65

C. …which should be provided whether or not a company believes its products exposes consumers to the listed chemical

D. A and C

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* 4. Chemicals are listed

A. Only if they can cause cancer

B. If they can cause cancer and/or birth defects or harm a woman’s reproductive health

C. If they cause cancer and/or reproductive harm

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* 5. Ninety percent of Prop 65 cases involve how many of the 900+ Prop 65 chemicals

A. 3 chemicals

B. 13 chemicals

C. 33 chemicals

D. 103 chemicals

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* 6. The following is NOT a Prop 65 chemical

A. Codeine

B. Aspirin

C. Saccharin

D. Cocaine

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* 7. The following IS a Prop 65 chemical

A. Bracken Fern

B. Aloe Vera Leaf Extract

C. Coconut Oil DEA

D. All of the above

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* 8. The safe harbor amount of chemical exposure is determined at the time of listing for all chemicals

True

False

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* 9. Naturally occurring chemicals are exempt

A. In all cases – Prop 65 only deals with synthetic chemicals

B. In all cases if it is not deliberately added to the product

C. With respect to food only if it is not added to the product

D. With respect to food only if the amount is less than the natural background amount of the chemical and at its lowest feasible level after manufacturing

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* 10. Who can sue under Prop 65

A. The California Attorney General

B. A California District Attorney

C. A California City Attorney of a City with a population exceeding 750,000

D. Private parties acting in the public interest

E. All of the above

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* 11. Once the plaintiff can show that the listed chemical is present, who has the burden of showing that the product satisfies safe harbor thresholds or is naturally present in the product

A. Plaintiff

B. Defendant

C. OEHHA

D. The Court

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* 12. Before a private plaintiff can sue under Prop 65 they must have

A. Given the Defendant 60 day’s notice

B. Notified the California Attorney General

C. Consulted with experts who confirm that there is a credible claim of exposure to the listed chemicals

D. All of the Above

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* 13. A private settlement of a Prop 65 case

A. Is prohibited – all settlements are in the “public interest” and must have court approval

B. Has preclusive effect against later allegations of the same violation

C. Must be notified 45 days prior to its effect to the Attorney General and is published on the Attorney General’s website

D. Cannot include a civil penalty

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* 14. The majority of Prop 65 cases are disposed of by

A. A motion to dismiss at the pleading stage

B. A private settlement

C. A court approved settlement

D. Judgment on the merits

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* 15. Which is incorrect: New Prop 65 regulations enacted 2016

A. Are effective August 30, 2018

B. Include new warning language

C. Apply to all products manufactured after the effective date irrespective of when sold

D. All of the above

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* 16. Under the long form version of the new safe harbor warning language effective August 30, 2018

A. There is no requirement to list the Prop 65 chemicals in the product

B. It is required to list all of the Prop 65 chemicals in the product

C. It is required to list the Prop 65 chemical in the product that is the prevalent

D. It is required to list at least one of the Prop 65 chemicals in the product

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* 17. Under the long form version of the new safe harbor warning language effective August 30, 2018

A. The warning is one size fits all for cancer and reproductive harm

B. If both cancer causing chemicals and reproductive toxicants are in the product two separate warnings must be given

C. If there are multiple chemicals the warning must correctly identify whether the chemicals listed are for cancer or reproductive harm or both

D. If one chemical in the product is listed as both a cancer and reproductive harm it need only identify one of these end points

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* 18. Under the long form version of the new safe harbor warning language effective August 30, 2018

A. Companies can choose between short form and long form warnings on their label

B. Short form are only allowed if there is insufficient space on the label for the long form

C. If the short form warning is used on product, the long form warning must be provided on line

D. B and C

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* 19. Under the long form version of the new safe harbor warning language effective August 30, 2018

A. A new warning symbol is only required for the short-form warning

B. A new warning symbol can be printed in any color as long as it consistent with the product’s packaging

C. A new warning symbol is required for all warnings except for certain product specific long forms

D. A and B

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* 20. Under the new regulations for online sales, if the warning is provided online, it does not also need to be provided on the product

True

False

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* 21. Under the new regulations for online sales

A. An online retailer is not obligated to provide the warning if requested by a manufacturer, Prop 65 warning are the manufacturers responsibility

B. The warning can be provided anywhere on the website as long as it is searchable

C. Online retailers cannot be sued as long as the manufacturer can be located

D. The warning must be provided prior to purchase

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* 22. If a company entered into a settlement agreement regarding Prop 65 warning language prior to August 30, 2018

A. The warning language is deemed to be clear and reasonable as long as the settlement was submitted to the Attorney General

B. The new regulations contain new warning language and so all prior settlement warning language is voided

C. If the settlement is court approved, the company need not amend its warning to reflect the new regulation language

D. The deeming provision in the regulations only applies to settlements entered into prior to the effective date

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* 23. The Prop 65 warning language

A. Need only be in English

B. Need only be in English unless the product is sold overseas

C. If the brand name is other than English, the warning must be in that additional language

D. If the consumer information on the label is other than English, the warning must be in that additional language