Proposition 65, the “The Safe Drinking Water and Toxic Enforcement Act of 1986”, is a California law passed by the voters to protect the public from toxic substances that cause cancer and reproductive toxicity. The law does this in two ways: 1) Proposition 65 prohibits businesses from knowingly discharging listed substances into drinking water sources, or onto land where the substances can pass into drinking water sources; 2) Proposition 65 prohibits businesses from knowingly exposing individuals to listed substances without providing a clear and reasonable warning. The type of warnings that may be required include Occupational, Environmental, and Consumer Product.
Consumer Advocacy Group, Inc. (CAG) is a citizen enforcer of Proposition 65. CAG has achieved tremendous benefits to the public in this area, partly because CAG seeks to negotiate settlements with alleged violators which include language which requires the alleged violators to reformulate their products in order to reduce or eliminate exposures to dangerous chemicals, and/or to require the alleged violators to otherwise change their business practices for the benefit of the public. Under Proposition 65, product reformulation can only be achieved as terms of a settlement.