• New Hurdles for California Business with Proposed Prop 65 Changes
  • April 16, 2014 | Author: Steven L. Hoch
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • Doing business in California is difficult for many reasons. Instead of trying to keep business in California, the state is suggesting further burdens to business es with no apparent real benefit to its citizenry. California is considering requiring business es to change warnings and make reports under Prop 65 , which has been called the nation ’ s strongest consumer warning law. Somewhat paradoxically , the state says that while Prop 65 has come at a cost for companies who must incur expenses to test products, develop alternatives to listed chemicals, reduce discharges, provide warnings, etc., it has provided business with an incentive. The ince ntive? Well, California says that "it has allowed business to take almost 900 chemicals out of their products . " However, in reality , this incentive was to avoid warnings or costly battle s between the state and manufacturer s , or even beating back “ shake down ” Prop 65 citizen suits by bounty - hunting attorneys who Governor Brown called "unscrupulous . " L ogically one would assume that the products involved are simply heavy duty industrial products , but that is wrong. These products include wine, textiles, hard goods, toys, juvenile products, nutritional yeast, botanicals, cowboy boots, backpacks, furniture, and electrical / electronic items such as headphones, GIS devices and microwave ovens just to name a few.