Proposition 65, a California law that requires businesses to provide clear and reasonable health hazard warnings about significant exposures to certain chemicals, has been a contentious issue for various quarters. Particularly in the first half of 2023, a surge in lawsuits related to violations of this law has been noted. The occurrence suggests a growing trend of plaintiff groups effectively using this law as a tool for litigation.
Between the first and second quarters of 2023, citizen plaintiff groups issued one thousand nine-hundred fifteen (1,915) total Notices of Violation, as outlined in a summary compiled by Downey Brand LLP. Strikingly, this represents about two hundred more Notices than the combined third and fourth quarters of 2022.
It’s becoming increasingly crucial for companies operating in California to familiarize themselves with Proposition 65 and its requirements. Failing to do so could lead to expensive litigation and negative publicity. Moreover, it’s not just a domestic issue – firms based abroad but operating in California also need to understand and adhere to the stringent standards set by Proposition 65.
These record numbers underscore the importance of proactive risk management strategies and a coherent understanding of the range of materials that fall under Proposition 65. One way companies could safeguard against litigation is by ensuring adequate legal representation and advice regarding compliance with all aspects of the law.
The surge in Proposition 65 Notices of Violation serves as a sharp reminder to corporations of the potential legal pitfalls of doing business in California. Companies should assess their liability, tighten up their compliance processes, and prepare for potential lawsuits in response to this worrying uptick in Notices.