Eric,

This really is not a bad idea.  Ultimately the consumer pays for everything,
either explicitly or as hidden or built-in cost.  Why not fully disclose and
only penalize the consumers in the state that is causing the expense instead
of all the consumers of the same product world-wide.

This is not unlike that sticker you see on the gas pump that tells you how
much the gasoline you just purchased is taxed.


Opinions my own...

-doug

-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Thursday, August 05, 1999 6:03 AM
To: EMC PSTC
Subject: Re: new legal issues



Problems create opportunities - so I've heard.  Prop 65 sounds like one.

Why not just charge all orders destined for California a surcharge, call it
"California Prop 65 Special Materials Handling".  Make sure you charge
enough to
make a nice profit above the cost of the marking and enough to cover the
cost
plus profit against any future legal problems.

And especially make sure that the new charge appears as a line-item on the
invoice so the California customer knows who to blame.

This way, we all extract even more money out of the California economy.  So
the
net effect is a minus for California.  The state government will realize
this
and they'll be a little less prone to make more such opportunities for us in
the
future.

Though I started this in jest, it's starting to sound like a doggone good
idea....

Regards,
Eric





Please respond to Dwight Hunnicutt <[email protected]>

To:   Naftali Shani <[email protected]>, EMC PSTC
<[email protected]>
cc:    (bcc: Eric Lifsey/AUS/NIC)
Subject:  Re: new legal issues


Item #2 would set an interesting precendent...just about every
electronic product on the market has some solder...so everything from
the little beeping, blinking toy imported from Asia, to home theatre
equipment, to your desk phone, fax machine, and pager would need a Prop.
65 warning marking?


Naftali Shani wrote:
>
> For those on the frontline: has anyone been exposed to any of these legal
> requirements? Would you mind sharing your experience(s)?
>
> Regards,
> Naftali Shani, Nortel Networks, Dept. 0S46, MS 117/C1/N04
> 21 Richardson Side Road, Kanata, Ontario, Canada  K2K 2C1
> Voice +1.613.765.2505 (ESN 395) Fax +1.613.763.3365 (ESN 393)
> E-mail: [email protected] <mailto:[email protected]>
>
> -----Original Message-----
> From:   Ray Alderman [SMTP:[email protected]] <mailto:[SMTP:[email protected]]>
> Sent:   Wednesday, August 04, 1999 15:23
> To:     [email protected] <mailto:[email protected]>
> Subject:        new legal issues
>
> Hello Members:
>         I should make you aware of two new legal issues that you may run
> into in the near future:
>
> 1. Lemelson Medical, Educational, and Research Foundation holds some
> patents on barcode reading processes, and they are asserting those patents
> on USERS of that equipment (ie, users who barcode their products and read
> those codes). So far, they have targeted grocery stores, distributors, and
> now manufacturers in the elctronics industry. They have granted over 100
> licenses, and over 200 companies have payed hundreds of millions of
dollars
> to license them. The patents have not been challenged or litigated. If you
> use bar codes on your products and read them, then you may see these folks
> in your future.
>
> 2. The State of California statue called Proposition 65 requires that
> manufacturers place a warning label on the containers of products (and the
> products themselves) if they contain harmful carcinogens or chemicals,
> including lead. The solder on your circuit boards constitutes a product
> with toxic exposure potential to both customers and employees.
>
> The state of California has 90 days to prosecute the manufacturer for
> non-compliance. After that time, private lawsuits can then be placed by
> employees or customers. If you ship products into California, you might
> want to heed this information. They like to get money from outside their
> own economy to fund their latest social programs.
>
> Now you know.
>
> Regards...Ray Alderman
>
>
---------------------------------------------------------------------------
> Ray Alderman                               PH: 480-951-8866
> Executive Director, VITA                   FX: 480-951-0720
> 7825 E. Gelding Dr. #104                   email: [email protected]
> <mailto:[email protected]>  or
> Scottsdale, AZ 85260                              [email protected]
> <mailto:[email protected]>
>







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