Amendments to Proposition 65 Regulations

Proposition 65 was passed as a referendum in California in 1986. The law broadly requires businesses to warn consumers about exposure to toxic carcinogens and reproductive toxins. The California Attorney General’s office, who is responsible for administering the statute, completed a regulatory amendment process in 2015. The purpose of the amendments was to improve the private enforcement mechanisms provided by Proposition 65. Namely, the amendments change settlement terms, penalties, and attorney’s fees in private enforcement actions. According to the Attorney General’s office, the amendments were necessary to ensure that private enforcement suits were being used to protect public health rather than for private benefit. The rulemaking was completed in 2015 after years of behind-the-scenes work within the AG’s office working with environmental and industry groups.

Key documents:

• California AG Press Release on Notice of Proposed Rulemaking
• Notice of Proposed Rulemaking
• California AG Press Release on Final Rule
• Text of Final Rule