Funds earmarked for Prop 65 regulations but threat of unnecessary litigation remains

By George Gigounas, Matthew Covington and Christian A Orozco

California’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, finally has the attention of legislators and the governor’s office and is undergoing key changes.

But significant reforms — to balance evidentiary burdens, discourage ‘shakedown’ litigation and otherwise aid retailers and manufacturers — appear to have been tabled for this fiscal year. Achieving those reforms looks to be slow-going, and may get slower.

In May 2013, California governor Jerry Brown proposed a slate of general revisions to Proposition 65, the majority of which were met with favour by manufacturing and retailer interests. The governor proposed stakeholder meetings to discuss the following…

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