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Prop 65 Private Case “Merit” Data Availability To Defendants Urged

This article was originally published in The Rose Sheet

Executive Summary

California's Proposition 65 should allow prospective defendants early access to data supporting "certificates of merit" filed in support of private enforcement cases, the Cosmetic, Toiletry and Fragrance Association says in April 26 comments to the state attorney general's office

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California Prop 65 reform legislation protecting consumer product retailers from private enforcement actions has been designated a two-year bill effective May 2, meaning it will not be considered until the state's next legislative session. The 2004 session begins Jan. 5

Prop 65 Reform Bill With Retailer Protection Deferred By Legislature

California Prop 65 reform legislation protecting consumer product retailers from private enforcement actions has been designated a two-year bill effective May 2, meaning it will not be considered until the state's next legislative session. The 2004 session begins Jan. 5

Toxic Enforcement Act revisions

California bill SB 1572, signed by Governor Gray Davis Aug. 30, would amend Prop 65 by requiring private litigants settling any alleged violation to submit to the state Attorney General a reporting form that includes the results of the settlement and final disposition of the case. Introduced Feb. 20 by Byron Sher (D-Stanford), the bill moved through the legislature without substantive amendment. SB 1572 will supplement the added controls on Prop 65 cases recently established by Sher's SB 471, enacted in October 2001. The state is in the process of implementing the law, which requires private litigants to produce a "certificate of merit" demonstrating good cause for seeking Prop 65 warnings (1"The Rose Sheet" May 13, 2002, p. 6)...

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