Proposed Prop 65 Rules Won't Please Calif. Businesses

Law360, New York (February 6, 2015, 2:54 PM EST) -- California's Proposition 65 warning requirements (Health & Safety Code Sections 25249.6 et seq.) have long been a major concern for businesses that want their products offered for sale in the state's large marketplace. Businesses whose products contain even a detectable amount of any one of more than 900 chemicals often face enforcement lawsuits brought by for-profit plaintiffs unless their products contain a "clear and reasonable" Proposition 65 warning. Short of eliminating the chemical entirely, the only way for businesses to immunize themselves from such "bounty hunter" claims has been for companies to label or display their products with a generic "safe harbor" warning — language set forth in the original Proposition 65 regulations, which states, "This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm."...

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