In 1986, California voters passed an initiative that would address their growing concern about exposure to toxic chemicals and the health implications of such exposure. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, known today by its original name, California Prop 65. California Prop 65 requires the State to publish a list of chemicals known to cause cancer, birth defects, or other reproductive harm. This list, which must be updated at least once a year, has grown to include approximately 800 chemicals since it was first published in 1987.
California Prop 65 mandates that businesses must notify Californians about significant amounts of hazardous chemicals in the products they purchase, in their workplaces and homes, or that are released into the environment. By providing this information, Prop65 enables Californians to make informed decisions about protecting themselves from exposure to these chemicals. California Prop 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.
Even though California Prop 65 requires that a warning be provided with consumer products containing chemicals known to cause cancer or reproductive harm, it is through enforcement actions that private enforcers are able to obtain agreements from businesses to go above and beyond the requirements of California Prop 65 by reformulating their consumer products to minimize or eliminate the presence of such chemicals. The Chanler Group’s clients have been instrumental in obtaining such agreements from hundreds of businesses. The Chanler Group’s clients have also been the moving force behind groundbreaking settlements with nationwide industries, such as the glass soda bottles, glassware, and fashion accessories industries, where dozens of businesses within such industries are given an incentive to come forward and participate in such settlements, referred to as “Opt-In Settlements.”
