Legal Question in Business Law in California

I wanted to write to find out if I have a leg to stand on with my situation. My husband and I purchased a plumbing retail and service company in January of 2006. The business was established in 1957 and sells plumbing repair parts for old and new plumbing fixtures as well as new product. California now has a lead free law which was effective January 1 of this year. Our retail store is full of product which does not meet the new lead free laws. We as contractors and retailers were never notified of this law, our wholesalers informed us.

The law only affects California; therefore our outside suppliers do not offer replacement product for items we currently and in the future will need. Our service technicians need parts to repair faucets of all of our customers who do not want, and cannot afford, to buy brand new. This is hugely detrimental to our company. I am asking any advise on this matter. Bottom line, this new law which wasn't even brought to our attention is going to doom our business, a business that's been in the community for 50+ years.


Asked on 1/12/10, 1:46 pm

3 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

I strongly urge you to contact my office for a free consultation, as I am familiar with similar issues. There are potential issues I need to discuss with you that I prefer not to raise in a public forum.

Kind regards,

Daniel Bakondi

415 450 0424

[email protected]

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Answered on 1/17/10, 3:13 pm
Melvin C. Belli The Belli Law Firm

No lead means no lead so unless there is a grandfather clause in the new legislation you cannot sell products in California that contain lead. Can't believe you cannot find non leaded sources though.

Good luck.

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Answered on 1/17/10, 3:33 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, I would discuss this issue with your trade association and with others in the same business in California, but far enough away so they aren't strong competitors. I've found over decades as an entrepreneur that people in the same business are generally happy to help their brethren.

You may be stuck with locally-obsolete inventory, but wasn't everyone else in the state? Certainly the plumbing-supply industry is not going to disappear due to this change in the law. Plumbing supplies are not buggy whips. Maybe you can dispose of some or all of the inventory you can't use in California by selling it to a supplier in another state.

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Answered on 1/17/10, 6:05 pm


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