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The California Court of Appeal recently provided much needed clarification regarding the application of Proposition 65, which prohibits businesses from knowingly and intentionally exposing individuals to certain chemicals without first providing a written warning. In Lee v. Amazon.com, Inc., 76 Cal. App. 5th 200 (March 2022), the court addressed two key questions: (1) whether constructive knowledge of hazardous chemicals and potential exposure is sufficient under the statute, or if actual knowledge is required; and (2) what level of specificity is required in a Proposition 65 Notice of Violation. Lee’s ruling is important for every company that sells consumer products because Proposition 65 obligations apply “to any retailer, manufacturer, producer, packager, importer, supplier, or distributor of the product.” Lee, 76 Cal. App 5th at 231. A company found to have violated Proposition 65 can be fined up to $2,500 per violation per day, which can quickly add up, especially if the violator sells multiple offending products on a regular/daily basis.