Calif. Prop 65 Reform Fizzles

Talk about making California’s Prop 65 more friendly to business has not borne fruit, according to DLA Piper attorneys. Proposition 65 requires businesses to notify Californians if their products contain significant amounts of certain listed chemicals, now numbering about 800. Last year Gov. Jerry Brown (D) acknowledged that the law has resulted in excessive litigation, and he proposed discussion of some changes, including  limiting attorneys’ fees and requiring stronger merit demonstrations by plaintiffs before litigation begins. But action on those reforms was tabled, and this year instead of taking them up the legislature passed a new law, one which gives some relief to small businesses but not manufacturers and retailers. One change the legislature did make in the implementation of Prop 65 was “well-intentioned,” according to the writers, but could make things worse.