California Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November of 1986 by California voters. The Proposition was intended by its authors to protect California citizens and the State's drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals.
California Proposition 65 requires the Governor to publish, at least annually, a list of chemicals known to the state to cause cancer or reproductive toxicity.
California Proposition 65 states that businesses must notify Californians about significant amounts of hazardous chemicals in the products they purchase, in their homes, work places, and that are released into the environment. By providing this information, Proposition 65 enables Californians to make informed decisions about protecting themselves from exposure to such chemicals. California Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.
Even though California Proposition 65 mandates 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 Proposition 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.”
