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| | A Sip From Prop 65’s Deep Well of Claims
By Robert Warne - November 27, 2002Proposition 65, formerly known as the Safe Drinking Water and Toxic Enforcement Act of 1986 was intended to reduce public exposure to potentially hazardous chemicals. Its mission is to improve public health.
But the efficacy of the law is difficult to measure in terms of improved public health. The data just isn’t there.
One area though where data does exist is on the litigation front.
When Prop 65 passed it tore open an expanding swath of commercial liability for corporations and created an opportunity for what many call “bounty hunters.”
With the list of chemicals published by the Governor topping 800, there seems to be just as many public groups using Prop 65 to sue companies that have the slightest thing to do with anything on the list.
The settlements reached aim to bring these companies into compliance with Prop 65, which requires companies with 10 or more employees doing business in California to post warnings on anything that may pose a hazard.
Public health does factor into the settlement equation with warning signs popping up on everything from fishing sinkers to candy bars. But it’s the financial aspect of the settlements that seems to really be fueling the litigation frenzy.
Companies that have been subject to Prop 65’s version of a legislative stick up are:
Johnson & Johnson, McDonalds, Burger King, Home Depot, Linens N Things, Bed Bath and Beyond, Wyndham, Hilton, Travelodge, Hershey’s and See’s Candies to name just a few.
Using lead in chocolates, tobacco smoke, lead from PVC string lights, acrylamide in French fries, formaldehyde gas in baby shampoo and mercury in vaccines as their ammo, many bounty hunters have successfully settled their claims with the perpetrators before even going to court.
According to the Attorney General, between Jan. 1, 2000 through Aug. 1, 2001, out of 332 settlements there’s been over $16 million generated in settlement payments. Those settlements were dispersed among 18 different enforcers. The top enforcer, Michael DiPirro collected over $3.5 million, including over $876,000 in civil penalties.
Although it may seem that these so called public interest attorneys are just clowning around—with French fry litigation still in the deep fryer—the fry guys may soon be decked out with warning signs around their necks.
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