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U.S. Supreme Court,
Administrative/Regulatory

Jul. 12, 2018

Is NIFLA the death knell for Prop 65 warnings?

Did the U.S. Supreme Court's ruling sound the death knell for these notice requirements that have burdened manufacturers, retailers and many others doing business in California since Prop 65 was approved by voters in 1986.

Steven L. Feldman

Partner
Goldfarb Sturman & Averbach

15760 Ventura Boulevard
Encino , CA 91436

Email: sfeldman@gsalaw.com

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Steven L. Crane

Associate
Goldfarb Sturman & Averbach

civil litigation

15760 Ventura Blvd #1900
Encino , CA 91436-3120

Phone: (818) 990-4414

Fax: (818) 905-7173

UCLA School of Law

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Is NIFLA the death knell for Prop 65 warnings?
Demonstrators opposed to abortion outside the U.S. Supreme Court building in Washington, June 26, 2018. The warning requirements of Prop. 65 and related regulations will likely be unable to survive strict scrutiny under the reasoning of NIFLA v. Becerra because the government and private parties seeking to enforce Prop. 65 will be unable to establish that the warning requirements are justified and not unduly burdensome. (New York Times News Service)

OCTOBER 2017 TERM

We are all familiar with the ubiquitous notices at checkout counters and building entryways, on store shelves and product packaging that warn us we are about to purchase a product or enter an area "containing a chemical known to the state of California to cause cancer" or "birth defects or other reproductive harm." Such notices are posted by retailers, property owners, distributors, manufacturers and other businesses to compl...

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