California Increases Proposition 65 Enforcement

Since 1986, few Proposition 65 cases have been fully litigated through trial. Of note, it was an Orrick, Herrington & Sutcliffe attorney who recorded the first trial win in a Proposition 65 case against the California Attorney General. The vast majority of the cases have been settled out of court or resolved through consent judgments. Citizen enforcers collect millions of dollars in settlements from manufacturers and retailers every year. Not surprisingly, the number of Proposition 65 cases filed each year continues to increase. In 2010, there were more than 700 notices of violation served; this year there have already been more than 100 notices served. The majority of the notices have been directed to businesses manufacturing or selling household goods, accessories, personal care products and foods and nutritional supplements. Read more.

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