Article

Calif. Prop 65 Proposals Are Bad Policy

Law360

29 Oct 2018
Reprinted with permission

Robert L. Falk, Michael Jacob Steel, and Robin Stafford explain the negative impact that the California Office of Environmental Health Hazard Assessment’s proposed rule-making package would have on food companies’ ability to use a key established affirmative defense under Prop 65 in their Law360 article “Calif. Prop 65 Proposals Are Bad Policy.” 

“OEHHA’s currently proposed rule-making continues the agency’s attack on the scientific principles that were relied on by the experts and courts in Beech-Nut, attributing the court of appeal’s “incorrect conclusion” to a purported “lack of clarity” in the existing regulations. The agency’s current proposals represent significant change to long-standing regulations that have stood the test of time and been relied upon by industry for both compliance and defense purposes.”

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