Almost two years ago, California Governor Jerry Brown announced a series of proposals to reform Proposition 65. These were going to include
• Capping or limiting private party enforcer attorney’s fees;
• Requiring a stronger showing by plaintiffs of evidence to support claims before litigation begins;
• Requiring greater disclosure of plaintiffs’ information to companies; and
• Requiring more useful information to the public on what they are being exposed to and how they can protect themselves.
He then turned the process over to OEHHA, the lead agency for Proposition 65. After taking one flyer at proposed regulations in May, 2014, OEHHA has now proposed regulations that achieve none of Governor Brown’s proposed goals, while potentially making a company's use of the Proposition 65 “Safe Harbor” warnings much more onerous. After the jump, CBL wil describe what has happened so far.