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ARTICLE · 22 JUNE 2018

First Amendment Still Trumps Prop 65

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.

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

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We have been following this developing issue for some time.

United StatesConsumer Protection
Daniel Herling
Daniel Herling
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Recently, a federal judge sitting in the Eastern District of California (Sacramento), for the first time, refused to require a manufacturer to place a Prop 65 warning on its product based on a finding that the requirement would violate the company's First Amendment rights. We have been following this developing issue for some time. (See prior posts here, here, and here.)

On June 11, 2018, Judge Walter Shubb held a hearing to consider California Attorney General Xavier Bacerra's motion to alter or amend the court's February 2017 order. A motion for reconsideration may be granted if the court: (1) is presented with newly discovered evidence; (2) committed clear error or the initial decision was manifestly unjust; or (3) if there is an intervening change in controlling law.

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