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Expert Analysis - Opinion

Calif. Prop 65 Proposals Are Bad Policy

By Robert Falk, Michael Steel and Robin Stafford (October 29, 2018, 11:39 AM EDT) -- The California Office of Environmental Health Hazard Assessment, or OEHHA, has issued a proposed rule-making package that, if adopted, will change two critical statutory interpretations that food companies have successfully used to establish a key affirmative defense under the state's Proposition 65 law. The two provisions at issue, discussed below, specifically concern how a business can establish that the level of exposure to a chemical listed for reproductive effects is below the threshold — also known as the "maximum allowable dose level," or MADL — that triggers a Proposition 65 warning....

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