In California, the Safe Drinking Water and Toxic Enforcement Act of 1986, often referred to as Proposition 65, requires warning labels on products which contain certain carcinogens and reproductive toxicants above safe harbor thresholds. Enforcement activities can be initiated by consumer advocacy groups, law firms and private citizens. According to the California Attorney General’s office, in 2016, Proposition 65 litigation resulted in approximately $30 million in total settlement payments. Changes to warning requirements proposed by the California Office of Environmental Health Hazard Assessment earlier this year including use of a new warning pictogram, a more unequivocal warning statement which names specific chemicals if present above thresholds, and providing warnings in additional languages if the product label otherwise displays them for any other purposes may result in additional regulatory burdens related to product chemical make-up.                                 

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