Legal Question in Technology Law in California

Re: shipping non-RoHS parts when they should be

RoHS or "Restriction of Hazardous Substances" is a policy diective of the Eurpoean Union and not, in itself, a law. However, the various member nations of the EU may adopt, and some probably already have adopted, laws and policies pursuant to RoHS. Also, California and other non-EU jurisdictions have similar laws regarding heavy-metal content of electronics. So, there is a strong possibility of legal action including liability to customers, seizure of goods, fines, etc. somewhere in the world for parties who traffic in non-compliant goods, especially if they are mismarked or misdescribed.

Further, under the tort law of most U.S. states, anyone in the distribution chain of a mismarked product that causes injury due to a defect concealed by the mismarking is liable to an injured consumer; this would include the manufacturer, distrbutor, wholesaler, exporter, importer and retailer. Since heavy-metal poisoning is often slow to develop, one who is potentially liable might have to wait for years to be reasonably sure a lawsuit wasn't going to arise at some future date.

A party that was involved only as a carrier, without knowledge of the nature of the product, would not be liable, but when you say 'shipping,' I assume you mean acting as a shipper, not as a carrier.

Re: shipping non-RoHS parts when they should be

Here is a site with information on SB 20, California's new RoHS law that takes effect January 1, 2007:

http://www.dtsc.ca.gov/HazardousWaste/EWaste/