November 2009 Archives

"The problem [with Proposition 65] is that the law allows anybody to bring a lawsuit by finding a listed chemical in a product even if it is present in an amount 1,000 times below the 'no observable effect' level. The defendant can prove the level is meaninglessly low -- but that is extremely expensive to do in court. Defendants end up settling with the plaintiff even when they are not liable, to avoid the expense of litigation."

Lisa Halko, a defense lawyer with Greenberg Traurig in Sacramento, writing in the Los Angeles Times about problems with Proposition 65