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Prop. 65

This article was originally published in The Tan Sheet

Executive Summary

California's Office of Administrative Law clears repeal of the Prop. 65 "safe harbor" exemption for foods, drugs, cosmetics and medical devices on Nov. 16. The FDA-regulated products exemption repeal, which has been forwarded to the Secretary of State, will become effective Dec. 16. The exemption, adopted by the state as an interim measure in February 1988, was challenged in the lawsuit AFL-CIO, et al. v. George Deukmejian, et al., also known as "Duke II." An out of court settlement of that litigation called for the exemption to be repealed by July 1, 1993.

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