Episode 06: Testing the Potency of California’s Proposition 65

Greenberg Traurig's Legal Food Talk

In this episode of Greenberg Traurig’s Legal Food Talk, host Justin Prochnow is joined by colleague Will Wagner, to break-down the trials and tribulations of dealing with California’s Safe Drinking Water and Toxic Enforcement Act, known by many more affectionately, or maybe more fittingly, notoriously, as Proposition 65. Proposition 65 or “Prop 65” is the California law passed by voters in 1986 requiring California businesses to provide warnings before exposing consumers to any of 900+ chemicals listed by the State of California to cause cancer and/or reproductive toxicity. Justin and Will discuss the basics of the law, some of the most commonly targeted chemicals by Prop 65 “bounty hunters”, and the merits and logistics of safe harbor warnings. They also discuss recently added substances to the “Prop 65” list, such as THC, and provide some insights on potential future amendments to the law.