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ARTICLE · 02 AUGUST 2017

California's Prop 65: More Form Over Substance

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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There are four ways for a chemical to be added to the Prop 65 list.

United StatesConsumer Protection
Daniel Herling
Daniel Herling
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California's Safe Drinking Water & Toxic Enforcement Act of 1986 (affectionately known as "Proposition 65") has long been the subject of discussion, both pro and con. Much of the conversation is on various issues surrounding the enforcement of Proposition 65 (for example, see a prior post here). In March 2017, a California trial court in Monsanto Co. v. Office of Environmental Health Hazard Assessment ("OEHHA"), No. 16-CE CG 00183, addressed a much more basic issue: should a chemical – here Glyphosate, a key ingredient in Monsanto's Round-Up® product – even be on Prop 65's list of cancer-causing chemicals?

To put the issue in context:

  1. There are four ways for a chemical to be added to the Prop 65 list. The four ways are specifically delineated on the OEHHA website at: OEHHA.ca.gov\\proposition-65\\general-info\\proposition-65-plain-language.

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