The Continued Success of Proposition 65 in Reducing Toxic Exposures

7 Pages Posted: 21 Apr 2006

See all articles by Clifford L. Rechtschaffen

Clifford L. Rechtschaffen

Golden Gate University - School of Law

Patrick Williams

Golden Gate University - School of Law

Abstract

California's Proposition 65 now has been in effect for nearly twenty years, and it remains highly controversial. Media attention in recent years increasingly has focused on the statute's perceived excesses and some of its more sensational enforcement actions.

The less frequently told story, however, is one of continued success in removing toxic chemicals from consumer products and industrial activities. This article discusses some of the more significant product reformulations triggered by enforcement of Proposition 65's warning requirement over the past five years, including reductions in lead in a wide variety of consumer products, and reduced exposures from toxins in children's playground equipment and portable classrooms. The article also describes enforcement actions that have led to warnings in grocery stores and restaurants about the dangers of mercury in fish for pregnant women and children. In many of these instances, Proposition 65 has filled gaps left by sluggish federal activity.

JEL Classification: K23, K32

Suggested Citation

Rechtschaffen, Clifford L. and Williams, Patrick, The Continued Success of Proposition 65 in Reducing Toxic Exposures. Environmental Law Reporter, Vol. 35, pp. 10850-10856, 2005, Available at SSRN: https://ssrn.com/abstract=887187

Clifford L. Rechtschaffen (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA
United States
415-442-6674 (Phone)
415-442-6609 (Fax)

Patrick Williams

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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