3 Developments You Need To Know About Calif.'s Prop 65

Proposition 65 requires persons providing goods and services to California consumers to provide clear and reasonable warnings for knowing and intentional exposures to any of the more than 900 chemicals listed by the state as causing cancer or reproductive toxicity. All three branches of government rendered important determinations during the first quarter of 2015: a court of appeal affirmed a major defense victory on how Proposition 65 exposures to lead in foods can be assessed; the executive branch, through the lead Proposition 65 agency, the Office of Environmental Health Hazard Assessment, promulgated major new warning regulations; and the California Legislature is considering new curbs on frivolous Proposition 65 lawsuits. Companies doing business in California should heed the changing Proposition 65 landscape.