California Residents: Tell Your State Attorney General to Do More to Fix Prop 65!

ANH-USA recently released a white paper detailing how Prop 65 has been implemented in a way that lines the coffers of trial attorneys and does very little actually to protect consumers. We asked you to write to your legislators, and our white paper was seen by California attorney general’s office.

The good news is that these criticisms seem to have been heard by the attorney general. The bad news is that the AG’s response doesn’t go far enough to get Prop 65 back on track. Worse, California’s Office of Environmental Health Hazard Assessment has proposed several reforms to Prop 65 which may actually increase the number of frivolous lawsuits, make it even harder to do business in California and further impede the law’s ability to protect consumers.

Please write to your AG. Urge her to go further in her proposed reforms and really fix the broken Prop 65 system.

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Your Proposed Prop 65 Reforms Don't Go Far Enough!

Dear [Decision Maker],

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I was pleased to read your proposal for reforming the broken Prop 65 system and curbing the frivolous lawsuits brought as a result of Prop 65 violations. Unfortunately, your plan doesn't do enough to fix the grievous problems that Prop 65, as currently written, has been generating.

You propose to cap "payments in lieu of penalties," when we really need to eliminate these payments altogether. You propose attorneys and plaintiffs be required to better define and report how they spend certain kinds of settlement payments, but there really ought to be judicial scrutiny of ALL settlements. And you suggest raising the bar for determining when a settlement confers the "significant" public benefit that is a prerequisite for obtaining attorney fees. But only a more drastic decrease in the money that goes to lawyers would eliminate incentives to file frivolous lawsuits.

In other words, your proposals do not go far enough to reduce the financial incentives for predatory trial lawyers and "bounty hunters." At the same time, California's Office of Environmental Health Hazard Assessment (OEHHA) has proposed several reforms to Prop 65 which may actually INCREASE the number of frivolous lawsuits, making it even harder to do business in California and further impeding the law's ability to protect consumers.

If you want to fix the current system and achieve the law's initial intent, you must dramatically and decisively address the financial incentives that keep Prop 65 just a way to line the pockets of the wealthy, with no benefit whatsoever to California's citizens.

Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]