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California AG Proposes Prop 65 Changes To Reduce Incentives For Abuse

This article was originally published in The Rose Sheet

Executive Summary

California Attorney General Kamala Harris has issued a proposal for revising the state's Proposition 65 regulations to discourage frivolous lawsuits for private gain. Certain settlement payments would be capped and plaintiffs would be subject to tighter accountability requirements for how and where such payments are used, among other proposed reforms open for comment.

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Prop 65 Private-Enforcement Reforms Won’t Disincentivize Bounty Hunting

Newly amended Prop 65 regulations seek to disincentivize private actions that would not result in significant public benefit, in part by imposing caps on “additional settlement payments.” Industry stakeholders predict, however, that plaintiffs and their counsel will simply seek increased attorney fees and/or greater civil penalties to cover the shortfall.

OEHHA Eyes Prop 65 Amendments For Reprotoxic Chemicals, Including Lead

California's Office of Environmental Health Hazard Assessment has issued a pre-regulatory draft rule that would amend Prop 65 regulations with a 60% lower maximum allowable dose level for lead in personal-care products sold in the state without exposure warnings. Further, OEHHA's proposal would clarify that MADLs for all listed chemicals are single-day limits, another change that could trigger a wave of new warnings and lawsuits, industry stakeholders say.

Prop 65 Safe Harbor For Lead Challenged In CEH Petition

In parallel with a lawsuit brought by the Mateel Environmental Justice Foundation, which seeks to eliminate the safe-harbor level for lead under Proposition 65, the Center for Environmental Health has filed a petition with California OEHHA asking for repeal or amendment of lead's maximum allowable dose level.

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