Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, passed as a ballot initiative in California in 1986. Proposition 65 primarily aimed to protect drinking water, barring certain chemical releases into sources of drinking water. Over time, however, the drinking water protections were eclipsed by the obligation to provide a “clear and reasonable warning” prior to exposing a person in California to substances listed as known to the state to cause cancer or reproductive harm.
©2019 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.