California’s Office of Environmental Health Hazard Assessment (“OEHHA”) recently released several new pre-regulatory draft proposals regarding Proposition 65 (“Prop 65”). With one possible exception, the pre-regulatory draft proposals double down on the existing Prop 65 burden for companies doing business in California, and would make defending a Prop 65 action even more costly. In an era when more should be done to curb Prop 65 abusive lawsuits, it is unfortunate to see proposals from OEHHA that further complicate the already difficult Prop 65 defense options.

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