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Beveridge & Diamond

| less than a minute read

California Prop 65: DEA Judgment Reinforces First Amendment Limits on Warning Requirements

A stipulated judgment between The Personal Care Products Council (PCPC) and the California Attorney General reinforces First Amendment limits on certain warning requirements under California’s Proposition 65, which requires businesses to provide warnings for exposures to chemicals listed by the State as causing cancer or reproductive harm unless an exemption applies. The judgment reinforces a growing line of First Amendment decisions limiting compelled Prop 65 warnings where the warning would communicate a scientifically disputed or potentially misleading human health risk message.