Service detailsHow to Settle Your Prop 65 Case and Release Amazon or Walmart Funds
Is Amazon holding seller funds because you have been sued for intellectual property infringement? Defending a lawsuit can cost you up to six figures. For a low fee, we will help you negotiate a reasonable settlement, avoid those legal costs, and get your funds released. Other firms charge as much as $15,000 for this service. Call us now! We are not afraid to get your money back! ![]() 4.9 rating out of 274 reviews
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Unfreeze Your Amazon or Walmart Funds After a Prop 65 Case
Facing a lawsuit and frozen funds? We help Amazon sellers negotiate affordable settlements and get their money back fast.
- **Proposition 65 settlement attorney for Amazon sellers
- **Proposition 65 compliance consulting for e-commerce
- **California Proposition 65 legal defense Amazon
- **Proposition 65 attorney California Amazon compliance
- **Fast turnaround:** Get your funds released in weeks
- **Expertise in Prop 65:** Experienced Amazon seller attorneys
- **Free consultation:** Discuss your case and get options
Don't wait! Contact us now to protect your business and recover your funds.
How to Handle Proposition 65 Cases on Amazon and Walmart
Steps to Address Proposition 65 Issues:
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Understand Proposition 65 Requirements:
- Learn about the Proposition 65 regulations and the specific chemicals or substances that require warnings in California.
- Review your product inventory to identify items that may fall under Proposition 65.
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Provide Clear and Reasonable Warnings:
- Ensure all products sold in California have the appropriate Proposition 65 warning labels if they contain listed chemicals.
- Labels should meet the "clear and reasonable" standards set by the law.
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Consult with a Proposition 65 Expert:
- Contact a legal expert, such as those at AMZ Sellers Attorney®, who specialize in Proposition 65 compliance and defense.
- They can provide guidance on compliance, defense strategies, and how to manage Proposition 65 claims.
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Respond to Legal Notices Promptly:
- If you receive a Proposition 65 notice or lawsuit, act quickly to address the issue and avoid escalation.
- Work with your attorney to formulate a response and negotiate a settlement if necessary.
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Consider Early Settlement:
- Settling Proposition 65 claims early can save significant legal costs and minimize business disruption.
- Early settlement also helps protect your business reputation and maintain smooth operations.
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Implement Compliance Measures:
- To prevent future Proposition 65 issues, ensure ongoing compliance with labeling requirements and regularly review your product inventory.
- Stay updated on changes to Proposition 65 regulations and listed chemicals.
Resources:
California's Proposition 65: Essential Guide for Amazon and Walmart Third-Party Sellers
California's Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a state regulation requiring businesses to provide clear warnings to consumers about products containing chemicals that the state recognizes as causes of cancer, birth defects, or other reproductive harm. This law affects all companies that sell products in California, including those operating as third-party sellers on major online marketplaces like Amazon and Walmart.com. This guide provides a comprehensive overview of Proposition 65, including the Prop 65 list of chemicals, Prop 65 warning requirements, and how to ensure Prop 65 compliance for your business.
Understanding Proposition 65 Compliance for Third-Party Sellers
Third-party sellers can inadvertently violate Proposition 65 in several ways, often leading to significant legal and financial repercussions. Key issues include:
- Failing to Provide Proper Warning Labels: Selling products containing chemicals listed under Proposition 65 without the requisite warning labels can lead to violations. This includes products containing Prop 65 carcinogens or Prop 65 reproductive toxicants. Ensure your products have clear and conspicuous Prop 65 warnings.
- Insufficient or Ambiguous Warnings: Labels that do not meet the "clear and reasonable" standard set by the law can also be problematic. Your Prop 65 label must clearly identify the chemical(s) that triggered the warning and provide information on how to obtain more information about the risks.
- Misunderstanding Exemptions: Products believed to be exempt from Proposition 65 requirements may not meet all the necessary exemption criteria, resulting in non-compliance. It's crucial to understand the Prop 65 exemption rules and ensure your products qualify if you believe they are exempt.
If you're unsure about whether your products comply with Proposition 65, consider seeking advice from a Prop 65 attorney or Prop 65 consulting service.
The Role of Private Attorney Generals in Proposition 65 Enforcement
Proposition 65 allows individuals or organizations, often referred to as "private attorney generals," to enforce the law by filing lawsuits on behalf of the public. These entities can initiate legal action against businesses, including third-party sellers, for non-compliance. Typically, these lawsuits target large sales platforms like Amazon and Walmart, which may then seek indemnification from the sellers for legal fees and settlements. Private attorney generals are incentivized to pursue these cases because they can collect a portion of the fines and have their attorney's fees reimbursed.
Financial and Legal Implications of Fighting a Proposition 65 Lawsuit
Defending against a Proposition 65 lawsuit can be financially draining and legally complex. Defense costs and attorney fees can quickly escalate, often reaching $25,000 to $50,000 or more. Additionally, sellers may be required to cover the attorney's fees of the private attorney general, which can further increase the financial burden. Given the potential for high costs and disruption, many businesses find it prudent to settle these cases early.
The Benefits of Early Settlement in Proposition 65 Cases
Settling Proposition 65 claims early can offer several advantages for third-party sellers:
- Risk Mitigation: Settling early helps avoid the possibility of a substantial damages award and the escalation of legal fees. This can protect your business from significant financial losses.
- Cost Efficiency: Early settlements can be more cost-effective compared to prolonged litigation, which often involves freezing of funds by sales platforms and multiple layers of attorney fees. Settling early can help you save money on legal costs and avoid business disruptions.
- Reputation Management: Quickly resolving disputes can help maintain a positive business reputation and minimize negative publicity. This can help you protect your brand and maintain customer trust.
If you're considering settling a Prop 65 lawsuit, consult with a Prop 65 attorney to discuss your options and ensure you reach a fair and reasonable settlement.
How AMZ Sellers Attorney® Supports Sellers Facing Proposition 65 Challenges
AMZ Sellers Attorney® offers specialized legal services to assist third-party sellers navigating Proposition 65 issues. Their comprehensive support includes:
- Case Review and Risk Assessment: Thoroughly analyzing the case to identify potential legal risks and evaluating the seller's position. This includes reviewing the Prop 65 list of chemicals, Prop 65 warning requirements, and other relevant regulations.
- Defense Strategy Development: Crafting a robust defense strategy tailored to the specifics of the case and the seller's business needs. This may involve challenging the validity of the claim, negotiating with the plaintiff, or exploring Prop 65 exemption options.
- Settlement Negotiation: Engaging in negotiations with plaintiffs to reach a fair and expedient settlement, minimizing financial and operational impacts. Our experienced attorneys can help you achieve the best possible outcome in your Prop 65 settlement.
If you're an Amazon or Walmart seller facing a Prop 65 lawsuit, contact AMZ Sellers Attorney® for expert legal guidance and support.
Key Takeaways for Amazon and Walmart Third-Party Sellers
If you are a third-party seller on Amazon or Walmart and find yourself facing a Proposition 65 lawsuit, it is crucial to act promptly. Contacting an experienced attorney, such as those at AMZ Sellers Attorney®, can help you navigate the complexities of Prop 65 compliance and protect your business interests. Their expertise in handling these cases can provide the strategic advantage needed to minimize disruptions and financial losses.
Ensuring compliance with California's Proposition 65 is essential for maintaining smooth operations and protecting your brand. By staying informed, implementing proper warning labels, and seeking professional legal advice when needed, you can effectively manage the challenges posed by this comprehensive environmental regulation.

Frequently Asked Questions (FAQ) on California Proposition 65 Litigation
What is California Proposition 65?
California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide warnings about significant exposures to chemicals known to cause cancer, birth defects, or other reproductive harm. It applies to products sold in California.
What Triggers a Proposition 65 Lawsuit?
A lawsuit can be triggered if a business fails to provide adequate warnings about chemicals listed under Proposition 65 that are present in their products. These lawsuits are often initiated by private enforcers or advocacy groups.
How Can I Settle a Proposition 65 Lawsuit?
Settling a Proposition 65 lawsuit often involves negotiating with the plaintiff to reduce penalties and implement measures like reformulating products, adding warnings, or paying civil penalties. Experienced attorneys can help navigate the process to achieve the best outcome.
What Are the Penalties for Non-Compliance?
Businesses that fail to comply with Proposition 65 can face civil penalties of up to $2,500 per violation per day, along with legal costs and requirements to reformulate or label products.
How Can I Protect My Business from Proposition 65 Claims?
To protect your business, identify whether your products contain Proposition 65-listed chemicals and, if so, provide clear and adequate warnings. Regular compliance audits and working with legal experts can help ensure adherence to regulations.
Can I Avoid Adding Proposition 65 Warnings to My Products?
Yes, you can avoid warnings by reformulating products to remove or reduce listed chemicals below threshold levels. Consulting with chemists and legal professionals can help in achieving compliance without warnings.
Why Should I Hire a Lawyer for Proposition 65 Cases?
Proposition 65 cases are complex, involving detailed chemical analysis, regulatory compliance, and legal negotiations. A skilled attorney can help protect your business, negotiate settlements, and ensure compliance moving forward.
How Can AMZ Sellers Attorney® Help with Proposition 65 Litigation?
AMZ Sellers Attorney® specializes in assisting Amazon sellers with Proposition 65 compliance and litigation. We help identify risks, negotiate settlements, and implement solutions like reformulation or warnings to protect your business.
What Are the Costs of Resolving a Proposition 65 Lawsuit?
The costs depend on the complexity of the case, potential penalties, and required compliance measures. AMZ Sellers Attorney® offers transparent pricing and works to minimize costs while protecting your interests.
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