An exposure to a chemical in a consumer product is one “which results from a person’s acquisition, purchase, storage, consumption, or other reasonably foreseeable use of a consumer good, or any exposure that results from receiving a consumer service.” (Cal. Code Regs., tit. 27, § 25602, subd. (b).) California Code of Regulations, title 27, section 25603, subdivision (c) states that “a person in the course of doing business . . . shall provide a warning to any person to whom the product is sold or transferred unless the product is packaged or labeled with a clear and reasonable warning.
”Proposition 65 provides that any “person who violates or threatens to violate” the statute may be enjoined in a court of competent jurisdiction. (Health & Saf. Code, § 25249.7). The phrase “threaten to violate” is defined to mean creating “a condition in which there is a substantial probability that a violation will occur.” (Id., § 25249.11, subd. (e).) Violators are liable for civil penalties of up to $2,500 per day for each violation of the Act. (Id., § 25249.7 subd. (b).)
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