Violators of the law- manufacturers, retailers, distributors, brand holders- are liable for civil penalties of up to $2,500 per day for each violation of the Act. (Id., § 25249.7 subd. (b).) Civil penalties of up to $2,500 per day for violation attach to each can/pack/individual unit sold, are paid as 75% to Attorney General of California, 25% to the enforcer, using the formula:
$2,500 x cans/packs/units sold x 365 days x years from one year prior to NOV to the date of court decision (or settlement).
For computation of fair and equitable penalties enforcers use a comparative table with historical data of past penalties paid by other defendants—think "Sentencing Guidelines."
The violation is assessed based on toxicity levels, sales numbers, defendant's resolve and ability to quickly remove dangerous products from the market or put up warnings, their willingness to cooperate, the line of defense and its ethical controversy, including defendant's standing on corporate responsibility.
Comments