Info - California Consent Order on Settlement of Lawsuit on Batteries (Prop 65)

THE LETTER IS REPRINTED FOR YOUR INFORMATION BELOW.

June 8, 2000

To: GM Dealerships Who Sell and Install Batteries in California

From: GM Parts

Re: Court-Ordered Proposition 65 Warnings for Sale of Lead-Acid Batteries and Battery Accessories Containing Lead In California

Important materials concerning the need to provide court-ordered warnings for the sale of lead-acid batteries and their related accessories, including clamps, cables, terminals, etc., in California are attached to this letter. It is very important that you read and follow the instructions enclosed with this letter.

This letter is provided by battery manufacturers and distributors as part of a court-approved settlement of a legal action brought under a California statute commonly referred to as "Proposition 65." In this legal action, the plaintiff claimed that lead-acid batteries and related accessories containing lead and lead compounds require a "clear and reasonable" warning under Proposition 65 and that all businesses in the chain of distribution, from manufacturer to retailer, have an obligation to provide such warnings to consumers and employees who may be exposed. Lead and lead compounds are chemicals listed under Proposition 65 as known to the State of California to cause cancer and birth defects or other reproductive harm. The companies sued dispute these claims but have agreed to take various actions to settle the case.

Under the settlement, which has been entered by court order, lead-acid batteries and their lead-containing accessories may continue to be sold legally in California. The court order requires manufacturers make a variety of payments to settle the case and to provide warning signs to you. The warning signs directed at consumers should be placed where a customer purchasing a battery will see it, for instance at the parts counter or cashier's station. The warning posters concerning occupational exposure to batteries and related accessories are to be posted and displayed in your service bays. These posters must be posted within thirty (30) days of receipt, and be clearly visible to employees who provide battery installation services. The court order recognizes these methods as clear and adequate warnings as required under Proposition #65.

If you need more of any of these materials, please contact your Area Parts Manager as soon as possible

ONCE AGAIN, IT IS VERY IMPORTANT THAT YOU CONSPICUOUSLY POST THE CONSUMER WARNINGS FOR CUSTOMERS WHO PURCHASE BATTERIES AND THAT YOU POST THE EMPLOYEE WARNING SIGNS CONCERNING OCCUPATIONAL EXPOSURE TO BATTERIES SO THAT THEY ARE CLEARLY VISIBLE IN YOUR SERVICE BAYS. IF YOU FAIL TO DO SO, YOU COULD INCUR PROPOSITION 65 LIABILITY.