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Case Detail


In re: Proposed Amendments to Prop 65 “Clear and Reasonable” Warnings
On March 31, 2015, WLF urged California’s Office of Environmental Health Hazard Assessment (OEHHA) to scrap proposed amendments to regulations implementing California’s controversial Proposition 65 (Prop 65). In formal comments, WLF argued that the proposed regulations would expose California businesses (and all firms doing business in California) to a substantial increase in litigation. Adopted by California voters in 1985, Prop 65 requires every business whose products contain any detectable amount of one of more than 900 chemicals to provide consumers with “clear and reasonable warnings” of exposure to chemicals “known to cause cancer or reproductive toxicity.” The law provides for enforcement lawsuits to be brought by for-profit “bounty hunter” plaintiffs. Although the revisions had been styled by OEHHA as much needed “reforms,” WLF’s comments detail why the proposed amendments will do nothing to address the chief regulatory burdens and abuses arising from Prop 65.
Case Status:
Awaiting agency action.
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