Advertisement

July 26, 2014

Broad Proposition 65 Reform Going Nowhere — Weaker Assembly Bill 227 Moving Forward

Two weeks ago, this space discussed the CA Prop 65 reform proposed by Governor Brown and its remote chances of success.  Not surprisingly, Governor Brown’s administration has thrown in the proverbial towel.  Spokespersons on both sides of the reform issue are making the politically correct statements:

Civil Justice Association of California: “We were thrilled that the governor recognized the problem of Prop 65 abuse.”

Center of Environmental Health:  ”Governor made a valiant effort to bridge a very large gap.”

It appears the reality is that there is no political stomach to fight this fight, and the status quo will prevail.

There is, however, an Assembly Bill (AB 227) proceeding through the  California state legislature relating to Prop 65.  Reports are that it has broad support.  The proposed reforms to Prop 65 are limited to specific retailers (alcohol beverage and food sellers, parking garage owners, and those who own premises where smoking is permitted–nearly impossible to find in most areas of California–if the smoke emanates from non-employees) and to specific circumstances (one time only, payment of $500 to private Noticing Party, detailed reporting requirements, and no immunity from Public entity prosecution for same alleged violation).

A journey of 10,000 miles may start with a single step, but the reform steps outlined in AB 227 are such that the journey to meaningful Prop 65 reform appears endless.

©1994-2014 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.

About the Author

Daniel Herling, product liability, attorney, Mintz Levin, law firm
Member

Dan’s practice is focused on product liability issues relating to pharmaceuticals and medical devices, commercial litigation, and antitrust matters. His trial work also encompasses class actions, intellectual property litigation, patent infringement, and professional liability.

415-432-6103

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.