Prop 65 Continues To Cause Headaches For Calif. Companies

Law360, New York (February 21, 2014, 5:46 PM EST) -- Manufacturers, distributors and retailers of personal care products witnessed a significant uptick in 60-day notices filed under Proposition 65 during 2013.

California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code §25249.5 et seq.) —commonly referred to as Proposition 65 — has long required businesses in California to warn consumers and employees about the presence of chemicals known to cause cancer or reproductive harm.

When privately enforced, citizen plaintiffs must provide businesses 60-days notice of the warnings violation before filing suit....
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