Torts/Personal Injury,
Constitutional Law
Nov. 16, 2023
First Amendment triumphs over Prop 65 warnings
Developments on California Proposition 65: First Amendment, short-form warnings, and food products.
David M. Barnes
Senior Associate
Hogan Lovells
Litigation, Arbitration, and Employment
Phone: (415) 374-2300
The end of 2023 brings with it significant developments for California's unique warning law, Proposition 65. This "right-to-know" law requires that companies provide warnings for exposures to more than 900 chemicals that are "known to the state to cause cancer or reproductive toxicity." Given the stringent exposure thresholds, a flipped burden of proof that weighs heavily on defendants, and a private enforcement mechanism that incentivizes litigation, Proposition 65 ...
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