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A recent phone conference between industry stakeholders and Snell & Wilmer attorneys facilitated by the Association of Synthetic Grass Installers (ASGi) covered artificial turf product liability. Snell & Wilmer is a 70-year specialist in the subject.
Lead-content lawsuits by the California Attorney Generals office and the Center for Environmental Health (CEH) inspired the event. These lawsuits classified artificial turf as a consumer product regulated under California?EUR??,,????'?????<???EUR?s unique Prop 65. It requires customers be pre-warned if products contain any of over 700 toxic chemicals on a state list.
While initial lawsuits targeted key manufacturers and retailers, the attorneys made it clear installers are similarly liable. Acceptable notice under Prop 65 includes MSDS sheets, product and shelf labels and some forms of contracts and online internet advertising. Punishment could include expensive lawsuits and fines of $2,500 per day per violation.
Changes in Washington were also discussed. While a senator, President Elect Obama sponsored the Consumer Product Safety Improvement Act (CPSIA, HR.4040). It requires all industries that produce or import products for sale in the US provide a general conformity certificate to the distributor, supplier and retailer of any components in their products regulated by a federal law, rule, standard or ban; lead and phthalates top that list. Regulation is expected to increase dramatically with widespread enforcement mandates and the funds to support them, both federally and on state levels.
According to the Snell & Wilmer representatives, the Consumer Product Safety Commission (CPSC) has ruled inconsistently on whether artificial turf is a children?EUR??,,????'?????<???EUR?s product. If classified as a children?EUR??,,????'?????<???EUR?s product, stringent third party testing from CPSC-certified labs must verify lead levels meet standards. Very few if any exemptions are expected for products classified as such.
The surest way to avoid legal and financial consequences for your business is to consult a reputable product liability lawyer on your compliance with federal and state regulations. Snell & Wilmer can be reached at https://www.swlaw.com.
More information can also be found in ASGi?EUR??,,????'?????<???EUR?s ?EUR??,,????'?????<?Artificial Turf Survival Guide?EUR??,,????'?????<?, available at https://www.asgi.us/prop65. Visit https://www.asgi.us/cpsc for further details and free downloads of sample CPSIA information and general conformity certificates prepared for the artificial turf market.
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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