California AG’s Prop 65 Changes Target ‘Eliminating Incentives’ For Abuse
This article was originally published in The Tan Sheet
California Attorney General Kamala Harris proposes revising the state's Prop 65 regulations to discourage frivolous lawsuits for private gain. Proposed reforms include capping some settlement payments and tighter accountability requirements for how plaintiffs use their payments.
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California's Office of Environmental Health Hazard Assessment has issued a pre-regulatory draft rule that would amend Prop 65 regulations with a 60% lower maximum allowable dose level for lead in personal-care products sold in the state without exposure warnings. Further, OEHHA's proposal would clarify that MADLs for all listed chemicals are single-day limits, another change that could trigger a wave of new warnings and lawsuits, industry stakeholders say.
In parallel with a lawsuit brought by the Mateel Environmental Justice Foundation, which seeks to eliminate the safe-harbor level for lead under Proposition 65, the Center for Environmental Health has filed a petition with California OEHHA asking for repeal or amendment of lead's maximum allowable dose level.
Proposition 65 lawsuits have increased for the cosmetics industry with the expiration of a grace period for new ingredients added to California’s list of substances linked to cancer or reproductive toxicity. Attorneys from Edwards Wildman offer perspective on the issue and its impact on industry.