California's Prop 65 Gets Pro-Biz Amendments, But Upshot Remains To Be Seen

California's AB 1583, signed into law in early October, was crafted to help even the playing field for defendants in Prop 65 litigation by promoting transparency in the factual bases that give rise to private enforcement actions and giving the Attorney General a greater role in separating cases with merit from those without. Industry groups and attorneys generally are taking a wait-and-see approach to the changes.

Beginning in 2018, plaintiffs will be under greater pressure to have a sound factual basis for allegations of Prop 65 violations in California, and defendants will be in a better position to defend against such actions, under amendments recently signed into law by Governor Jerry Brown.

Brown's office announced Oct. 5 that

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