California Proposition 65: A Plague On California Businesses

For over 25 years, Proposition 65 has plagued companies in California. Prop. 65 requires businesses that expose consumers to chemicals known to cause cancer and birth defects to give "clear and reasonable warning" to consumers. The law gives private "bounty hunters" an incentive to find even small violations, resulting in millions of dollars in settlements. Recent developments have started to give the California business community some hope of reform, including Governor Jerry Brown initiating a process for considering Prop. 65 reforms and Assemblyman Mike Gatto (D-Los Angeles) leading an effort to pass legislation that would allow certain businesses a grace period to post warning signs after they receive notice of an alleged violation.

 

Arnold & Porter LLP's consumer industry group has developed a new installment of its Seller Beware webinar series that will review Prop. 65 legal, regulatory, and legislative developments as well as discuss some practical compliance strategies. The speakers for this webinar are members of the firm's leading Prop. 65 practice, including Trent Norris, who is one of the few defense-side lawyers picked to be a representative to the Governor's "stakeholder process" for reform of the law.