Date of Delivery, Not Sale: California Imposes New Requirement for Consumer Products Warranties

April 17, 2023

Starting July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act will prohibit warranties for consumer products sold in California from beginning their term on the date of sale. If an express warranty is offered, it must start no earlier than the date of the product’s delivery to the consumer.

For companies offering warranties for consumer products that are delivered to a consumer after the date of sale, this change will present challenges for warrantors in tracking the beginning of the warranty period, particularly for companies that customarily do not track and record the delivery dates of their consumer products.

Violating this new provision could entitle a consumer to damages, costs and attorney’s fees. The California attorney general also has the power to bring enforcement actions against warrantors for failing to comply. Companies manufacturing or distributing consumer products sold in California that are covered by an express warranty should be aware of this change.