“Devil Is In The Details” On Prop 65 Reform Benefits – AHPA
This article was originally published in The Rose Sheet
California Gov. Jerry Brown wants to cap attorney fees and settlement funds in Prop 65 cases and require expanded plaintiff disclosures and demonstrations of supporting evidence before litigation can proceed, among other proposed measures designed to reduce frivolous lawsuits against industry members.
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Proposition 65 lawsuits have increased for the cosmetics industry with the expiration of a grace period for new ingredients added to California’s list of substances linked to cancer or reproductive toxicity. Attorneys from Edwards Wildman offer perspective on the issue and its impact on industry.
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.
Arbitrary or not, California's enforcement of Proposition 65 is likely to continue undeterred, with FDA currently in no position to intervene, experts say