WPGA cautions about Proposition 65

In mid-November, about a dozen propane companies that do business in California became the target of a Proposition 65 lawsuit. The Western Propane Gas Association (WPGA) warns that Prop 65 provides for penalties up to $2,500 per day per violation and also allows members of the public to commence private action against violators. According to WPGA, the following warning language was selected to comply with Prop 65 requirements: “Warning: Chemicals known to the State of California to cause cancer, birth defects or other reproductive harm are created by the combustion of propane.” Every propane company can operate without concern for a Prop 65 lawsuit by ensuring its customers receive this warning – with billings, in a separate mailing or left at the tank, WPGA says.