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Proposition 65

Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was a citizen passed initiative intended to protect California residents and the states drinking water from chemicals known to cause cancer, birth defects and other reproductive harm.

The Proposition requires all businesses* to review the chemicals that they use or that are in their products to determine whether they must provide a Proposition 65 warning to advise the public of the danger.  The Proposition allows any person to sue “in the public interest” any business that has not provided the Proposition 65 warning, and the State Attorney Generals’ Office must be notified of the lawsuit and the outcome of the case.

In 2014 the State Attorney’s Office reported that Settlements of the Proposition 65 cases brought by private plaintiffs suing “in the public interest” totaled nearly $29,500,000 with attorney’s fees and cost totaling over $21,000,000. Become informed about the kinds of chemicals that are on the danger list so that you can determine whether a Proposition 65 warning is appropriate.

*some small businesses are exempt from this requirement.

For further information:

Safe Drinking Water and Toxic Enforcement Act of 1986

Current Chemical List - OEHHA

Plain Language Overview of Proposition 65

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