Administrative/Regulatory
Apr. 19, 2016
Efforts to rein in Proposition 65 abuse have gone awry
The lofty goal of Proposition 65 was to incentivize manufacturers, importers, distributors, wholesalers and retailers to reformulate their products so that consumers were not needlessly exposed to "listed chemicals." By Thomas H. Clarke Jr.
Thomas H. Clarke
Partner
Ropers Majeski Kohn & Bentley
1001 Marshall St #500
Redwood City , CA 94063
Email: thomas.clarke@rmkb.com
The lofty goal of Proposition 65 was to incentivize manufacturers, importers, distributors, wholesalers and retailers to reformulate their products so that consumers were not needlessly exposed to "listed chemicals" (the term of art used for all substances listed under the Prop. 65 process). Yet, because of its complexity and burden shifting, it was and has been prone to abuse.
In 2000 and 2001, considerable publicity...
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