Civil Litigation
Oct. 13, 2020
To defend the impossible: How to defend cases under California’s Proposition 65
While Prop. 65 cases normally settle early, numerous defenses do exist.
Howard J. Smith III
Berman Berman Berman Schneider & Lowary LLPEmail: hjsmith@b3law.com
Howard practices professional liability litigation, at both the trial and appellate levels.
Sometimes you just have to fight it out. This includes cases brought under Proposition 65, the California Safe Drinking Water and Toxic Enforcement Act of 1986, codified in Health and Safety Code Sections 25249.5 et seq. (all statutory references here are to the H&S Code unless stated otherwise). While Prop. 65 cases normally settle early, numerous defenses do exist.
Section 25249.6 sets forth warnings that certain businesses mus...
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