why doesnt attorney general fight prop 65 abuse

Who are the attorneys involved in the Prop 65 case?

The Attorney General’s experts determined that younger children who played on the turf were exposed to lead in excess of the Proposition 65 warning level from hand-to-mouth contact. As a result of the Attorney General’s suit, the main manufacturers of artificial turf (AstroTurf, Field Turf, and Beaulieu) agreed to reduce the lead content to 50 ppm or lower.

What is the Prop 65 information and enforcement report?

Oct 29, 2015 · Frustration of the legislative intent of Prop 65 and abuse of those doing business in the State arise because actions may also be brought “by a person in the public interest” if the private action is commenced more than 60 days from the date that the person has given notice of an alleged violation and neither the Attorney General, District Attorney, City Attorney or …

Were the Starbucks cases an ‘abuse of Proposition 65?

Jul 31, 2019 · J&J Prop 65 Lawsuit Dismissed, Setting Stage for Future Fight. [:en] A California judge is dismissing a case brought by plaintiffs against Johnson & Johnson over their talc products. The claim is that Johnson & Johnson talc products should be labeled as carcinogenic according to the state’s Prop 65 rule. Read on to find out why dismissing the ...

What can Proposition 65 do to fight toxic pollution?

Jul 23, 2020 · But does Prop. 65 really protect you? ... the attorney general’s office files few cases. More commonly, it pushes back against abuses by …

Who can enforce Prop 65?

The California Attorney General's Office enforces Proposition 65. Any district attorney or city attorney (for cities whose population exceeds 750,000) may also enforce Proposition 65.

What are the penalties for violating Proposition 65?

How is Proposition 65 enforced? If a business is found to be in violation of Proposition 65, a court may order the business to stop committing the violation. The business is also subject to civil penalties of up to $2,500 per day for each violation.

Is it safe to buy furniture with Prop 65 warning?

A furniture product with a Proposition 65 warning suggests the product can expose you to levels of a listed chemical or chemicals that pose greater health risks than furniture that causes exposures to lower levels of listed chemicals.

Do all appliances have Prop 65 warning?

Additionally, some internal components of household appliances such as the motor or power cord may contain chemicals on the Prop 65 list and therefore require a Prop 65 warning. In accordance with Prop 65, Everything Kitchens displays the Prop 65 warning when advised by the manufacturer that a warning must be present.

Why is Prop 65 controversial?

It remains politically controversial even after more than 30 years (see Controversy and claimed abuse below), in large part because business objects to Proposition 65's burden of proof , which in effect requires businesses to know the scientific safety level for specific cancer- and birth defect-causing chemicals that ...

What has Prop 65 warning?

In addition to the general warnings for chemical exposures from consumer products, the new regulation provides specific warnings for exposures from: Alcoholic beverages, food, prescription drugs, dental care, wood dust, furniture products, diesel engines, vehicles, and recreational vessels.

Why do electronics have Prop 65 warning?

Prop 65 is about chemicals, which always have the potential to impact electronics. It requires any company doing business in California to warn consumers about significant exposure to chemicals that the state has linked to cancer, birth defects or reproductive harm.Sep 25, 2018

Do all cell phones have Prop 65 warning?

No. Proposition 65 is a really, really dumb law in California that requires any product sold there to have a warning that there might possibly maybe be carcinogenic materials in them.

Do all dryers have Prop 65 warning?

They indicate that the warning refers to the inner components of the appliances. Is this your understanding with home appliances? This Prop 65 Warning appears to be on most if not all home appliances (Range, Dishwasher, Microwave, Refrigerator, Washer and Dryer).Mar 29, 2020

Why would a refrigerator have a Prop 65 warning?

Why am I being warned about potential exposure to chemicals from household appliances? Some household appliances may contain chemicals that are on the Proposition 65 list because they can cause cancer and/or birth defects or other reproductive harm.

Why do freezers have Prop 65 warning?

All manufacturers must still make a Prop 65 warning statement on their products even though there is very low significant risk of cancer, or is significantly below levels observed to cause birth defects or other reproductive harm. Products are banned if they contain toxic chemicals in harmful amounts.Jul 10, 2020

Why does my dishwasher have a Prop 65 warning?

Prop 65 in California is mostly about awareness of chemicals in products. It basically means that the item contains some possibly toxic chemicals but not at unsafe levels. Some plastics can release cancer-causing agents (like BPA) when exposed to very high heat, like inside a dishwasher, for example.

Why are Mexican coke bottles so popular?

Mexican Coke, Pepsi, Crush and Squirt products were popular in California because they were sweetened with sugar rather than corn syrup. They were sold in returnable bottles which require applied ceramic labels strong enough to withstand repeated washings. These labels had high lead content.

Is there a lead law for jewelry in California?

The standards are stricter for children’s jewelry. California subsequently passed a law that applies the lead standards to all jewelry sold in California. (HSC §§ 25214.1 et seq.)

What is the purpose of Proposition 65?

Environment & Public Health. Proposition 65. The Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65") is an initiative statute that protects public health by reducing exposures to toxic chemicals in two principal ways. First, it outlaws discharges of certain toxic chemicals into sources of drinking water.

Prop 65

Under California state law, Proposition 65 requires businesses to disclose if their products contain the presence of possible carcinogens that can be dangerous to humans.

Strengthening Their Case

Even though the case was dismissed, the plaintiff’s legal counsel filed a motion to voluntarily dismiss the case according to an article by Law.com.

Johnson & Johnson Legal Woes Continue

The pharmaceutical company pushed back against the motion to dismiss the case, arguing that the opposing counsel was trying to stall proceedings of the trial originally set for this coming October 2019.

Who drafted Proposition 65?

This was not what Bay Area environmental attorney David Roe had in mind when he drafted Proposition 65 as a market-driven alternative to government mandates that would persuade companies to clean up to avoid having to “fess up.”

Who was the mayor of Los Angeles in 1986?

Political strategists in 1986 hoped Proposition 65 would draw liberal-leaning voters to the polls and help Democratic L.A. Mayor Tom Bradley, left, unseat Republican Gov. George Deukmejian. Californians ended up backing the proposition but not Bradley. (Rick Meyer / Los Angeles Times)

Who is Alex Jones?

Right-wing talk show host Alex Jones, whose Infowars Life dietary supplements were tagged with a $135,000 settlement in 2018 over lead content, warns only Californians on its website, but warns everyone on Amazon, which holds its independent sellers responsible for Proposition 65 compliance.

Citizens of Humanity, LLC v. Hass, 46 Cal. App. 5th 589, 259 Cal. Rptr. 3d 380 (Ct. App. 2020)

In Citizens of Humanity, a plaintiff’s law firm filed a class action lawsuit against clothing brand Citizens of Humanity, LLC, for allegedly violating “Made in the USA” labeling requirements on its jeans. The labeling case was dismissed after a new law relaxed the labeling requirements.

Is this Malicious Prosecution?

The challenge in the Prop 65 context is the cost to prove the lack of merit to the claim.

Application to other areas of the law?

Because Prop 65 level reporting is not required in the same way for ADA website or premises matters or with respect to TCPA, Made in the USA or similar laws where cottage plaintiff industries have arisen, it may be more difficult to quantify and show the volume of repeat plaintiffs and law firms, and utter lack of probable cause for their claims, but some data points do exist to suggest that the malicious prosecution approach could prove fruitful there as well.

Avoid Prop 65 Lawsuits By Posting the Proper Notice

Avoid Prop 65 Lawsuits By Posting the Proper Notice#N#The best way to avoid a Prop 65 lawsuit is by posting the warning signs called for in that statutory scheme. If warning signs are placed before the Prop 65 60-day violation notice is sent by the plaintiff or its attorney, an action can be defended on that basis.

Attack the Plaintiff's Prop 65 Violation Notice

Attack the Plaintiff's Prop 65 Violation Notice#N#In order to obtain standing to pursue a Prop 65 lawsuit, the plaintiff is required to give a 60-day notice that includes the very precise language set forth in this statute, and the interpreting regulations.#N#Because many courts tend to disfavor Prop 65 lawsuits brought by bounty hunter attorneys, they carefully scrutinize the notices, and look for any possible defect.#N#The notice required by Prop.

Fight Back By Seeking Sactions Against the Plaintiff and Its Counsel

Fight Back By Seeking Sactions Against the Plaintiff and Its Counsel#N#When a defendant prevails in a lawsuit, the court typically awards costs of suit that can include court fees, reporter's fees, deposition transcripts, photocopies, and costs for serving process.#N#In California, if a plaintiff brings an action it knows to be without merit, the plaintiff and its attorney can be required to pay monetary sanctions in addition to these costs.#N#If an attorney were to bring a Prop 65 lawsuit in which the required Prop 65 notice had been posted by the business, or based on a deficient Prop 65 violation notice, the court could find the lawsuit to be frivolous, and sanction the plaintiff and his attorney..

Conclusion

Conclusion#N#Litigation is never fun, is usually expensive, and should be avoided if at all possible.

Regulation turned on head

In reality, Prop. 65 turns ordinary regulation on its head, by setting extremely wide margins of safety. It then forces businesses to prove – in lawsuits brought by private individuals and groups who get to keep part of the penalties and all of their attorney’s fees – that the claimed exposures do not exceed those standards.

Chemical complexity

The complexity of Prop. 65 was compounded in May, 2008, when the California Office of Environmental Health Hazard Assessment (OEHHA) announced that it had the authority to automatically add chemicals to the Prop. 65 list under Labor Code Section 6382 (d) (Labor Code Mechanism). Under its erroneous interpretation of Prop.