Repositrak, Inc. · NYSE:TRAK
Repositrak — Proposition 65 Webinar with Shawn Stevens (2018)
21 slides from Repositrak's conference presentation, 2018
Slide 1: Going all-in for food and all-out for those who produce it
“GOING ALL-IN FOR FOOD AND ALL-OUT FOR THOSE WHO PRODUCE IT” Shawn Stevens Food Industry Consultant and Lawyer stevens@foodindustrycounsel.com 920.698.2561
Slide 2: Proposition 65: What You Need to Know and Do Now
ee PROPOSITION 65 What You Need to Know and Do NOW to Ensure Compliance
Slide 3: Proposition 65
ee PROPOSITION 65 Enacted by referendum in 1986 nequires warnings for any exposure to chemical known to the State of California ito Cause cancer, birth deiecis or other reproductive harm. iy FoodIndustr
Slide 4: Warning: Consuming this product can expose you to chemicals
WARNING: Consuming this product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and/or (as appropriate) [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or ot
Slide 5: Proposition Shakedown
PROPOSITION 65 SHAKEDOWN WARNING known to the state of "#UGEUMUEUUEIONUMEUTSS (| California to cause jag sometimes contains jet A engine exhaust, fumes from cancer and birth jet fuel, and exhaust from defects or other | equipment used to service . _ airplanes. Those substances rep roductive harm % _
Slide 6: Proposition Shakedown
ee PROPOSITION 635 SHAKEDOWN
Slide 7: But... plaintiff lawyers don't care
ee PROPOSITION 65 SHAKEDOWN 7 a y yy t ( But... plaintiff lawyers don't care
Slide 8: How many food products targeted so far in 2018?
HOW MANY FOOD PRODUCTS TARGETED SO FAR IN 2018? 100+ al
Slide 9: What types of food products targeted?
a WHAT TYPES OF FOOD PRODUCTS TARGETED? Coffee, potato Chips, black olives, hahy food, cookies, prune juice, cinnamon, oregano, shrimp, oysters, popcorn, clams, noodle soups, nutrition bars, almonts, and many, many others.
Slide 10: What is the shakedown process?
WHAT IS THE SHAKEDOWN PROCESS? 60-Day Notice Settlement Demand Lawsuit K —_—" pats — == BA
Slide 11: What is the shakedown process? Revised requirements
a WHAT IS THE SHAKEDOWN PROCESS? Revised Proposition 65 Requirements are going into effect, heginning August 30, 2018 Required language of the warnings has heen changed irom “contains” to “may expose” Category Sheli-Tags to Point-of-Sale Shelli-Tags
Slide 12: Defense strategies
a DEFENSE STRATEGIES
Slide 13: Defense strategies: amend contracts for indemnification
DEFENSE STRATEGIES Amend contracts to require indemnification for Proposition 65 claims.
Slide 14: Defense strategies: determine which products require warnings
a DEFENSE STRATEGIES Determine which products require warnings A Send iniormation pamphiets to suppliers Send letters to all suppliers asking them to identify whether their product will expose Consumers to Chemicals known to the State of California... (+ indemnity) iy FoodIndustr
Slide 15: Warning: Consuming this product can expose you to chemicals
WARNING: Consuming this product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and/or (as appropriate) [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or ot
Slide 16: Defense strategies: provide adequate warnings where needed
a DEFENSE STRATEGIES Provide adequate warnings where needed The word WARNING must be hyperlinked on the product display page, or by prominently displaying ithe warning to the purchaser prior to purchasing. iy FoodIndustr
Slide 17: 4) a ( @
4) a ( @
Slide 18: Defense strategies: Can you opt in?
a DEFENSE STRATEGIES CAN YOU “OPT IN?”
Slide 19: Closing thoughts
a CLOSING THOUGHTS What is the future of Proposition 652 The Future NEXT EXIT &
Slide 20: Questions?
QUESTIONS? _ g@iyroodIndustry COUNSEL LLC
Slide 21: Going all-in for food and all-out for those who produce it
“GOING ALL-IN FOR FOOD AND ALL-OUT FOR THOSE WHO PRODUCE IT” Shawn Stevens Food Industry Consultant and Lawyer stevens@foodindustrycounsel.com 920.698.2561
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