Nearly five years ago, we started publishing our first serial, The mysterious world of Prop 65. Although we knew we struck gold with the brilliant series title, we could not have contemplated that these would become our most visited, read, and referred to posts.

Since 2014, a lot has changed in the Proposition 65 landscape, ranging from the revised safe harbor warning regulations in 2018 to the cast of characters comprising the Prop 65 plaintiff's bar. We thought it high time to provide an updated edition. Over the next few weeks, we will be posting The mysterious world of Prop 65—reloaded. We will publish edited versions of the original posts, with an editor's note at the top to highlight any changes. In some instances, not much has changed, so you can maintain the same level of frustration over doing business in California. In others, much has changed, so you will get to have a brand new headache. Our revised edition will “reload” a variety of topics, including:

  • The law and its requirements, including the difference between exposure and chemical composition
  • The chemical list
  • Warnings
  • Penalties and other potential exposure
  • The mechanics of a Prop 65 claim
  • Enforcement (public and private plaintiffs)
  • Burdens at trial, including knowledge requirements, exposure, and warning exceptions
  • Settlements
  • Impacts of the revised safe harbor warning regulation

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