Proposition 65 Legislative Changes Likely "Lack Merit"

On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 1583 into law. It was promoted as a means of reducing frivolous Proposition 65 (Prop 65) lawsuits, but, as discussed below, it is doubtful that it will achieve any meaningful change.

Background: Prop 65 requires businesses to provide clear and reasonable warnings before knowingly and intentionally exposing any individual to chemicals known to the State of California to cause cancer or reproductive toxicity. Private plaintiffs, often referred to as "bounty hunters," are allowed to bring actions on behalf of the public interest to enforce Prop 65's requirements. They are authorized to retain 25% of any penalties collected and, where successful in obtaining settlements, also typically pocket much larger sums as reimbursement of their attorney's fees and costs.