Settling Prop 65 Suits Is Easier, Cheaper Than Fighting, Firms Say
This article was originally published in The Rose Sheet
Executive SummaryIt can be easier to settle suits filed under California's Proposition 65 than to fight them, even in cases where firms say they are not in violation
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At a time when California regulators are considering amendments to Proposition 65 to stem a rising tide of related lawsuits, 14 personal-care manufacturers and retailers have settled suits filed by the Center for Environmental Health for violating the regulation and failing to properly warn consumers about the use of cocamide DEA in products.
Oakland, Calif.-based Center for Environmental Health calls out more than 100 manufacturers and retailers of cocamide deithanolamine-containing products that it says are noncompliant with the state’s Proposition 65 regulation. CEH has filed suit against four of them.
Prop 65 suits tend to hit industries in waves, and there are indications that the beauty industry is next, says Angela Diesch, attorney for Sacrament, Calif.-based Greenberg Traurig. Marketers of products containing methyl eugenol, lead or cocamide DEA should ensure they are complying with the California law.