Prop 65
This article was originally published in The Rose Sheet
Executive Summary
Legislation requiring private litigants to include certificate of merit demonstrating good cause for public Prop 65 warnings sent to California Gov. Gray Davis Sept. 25 following passage in the Assembly Sept. 13 and Senate approval a day later. SB 471, designed to halt "abusive actions brought by private persons containing little or no supporting evidence," requires a private plaintiff to "consult with a person of appropriate knowledge and expertise to establish an exposure to a listed chemical," according to a legislative analysis. The bill also requires court approval of any settlement in a private Prop 65 action and establishes criteria for a court to consider in assessing civil penalties (1"The Rose Sheet" Aug. 6, p. 8)