California Prop 65 Warnings - Why Minnesota Companies and Attorneys Should Care

Event Description

Remote participation only.

This program is sponsored by the MSBA Environmental, Natural Resources and Energy Law Section.

California's Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or released into the environment. The practical reach and impact of Proposition 65 is far beyond the borders of California and can adversely impact Minnesota based businesses selling products directly or indirectly into California.
Proposition 65 is enforced exclusively via civil lawsuits, which can be brought by public authorities or by any “person in the public interest” pursuant to the law’s citizen suit provision. As a chemical right-to-know law, Proposition 65 helps consumers make informed decisions about the products they purchase. Since its enactment, enforcement of the law also has encouraged businesses to reformulate their products to reduce or eliminate exposures to chemicals on the Proposition 65 list. Some Proposition 65 settlements have served as models for state legislation restricting the use of chemicals in consumer products.
Thousands of Proposition 65 claims have been asserted by private enforcers over the years, with over 3,000 Notices of Violation issued in 2020 alone. With strong financial incentives for private enforcers to pursue claims, many in the regulated community view Proposition 65 as encouraging frivolous “gotcha” lawsuits. Similar concerns on the part of state legislators have resulted in several amendments of Proposition 65. Join us for a presentation by experienced Proposition 65 practitioners on both sides of the “v.”, who will provide an overview of the law and its enforcement, its risks to Minnesota businesses and practical tips on avoiding a claim.


Ann Grimaldi |  Principal, Grimaldi Law Offices, San Francisco, CA
Howard Hirsch | Lexington Law Group, San Francisco, CA

CLE Credits:

1.0 Standard CLE Credit | Event Code: 344292


ENRE Member: $25
MSBA Member not in the ENRE Section: $30*
Non-MSBA Member: $35
Law Student: FREE

*Join the ENRE Section: Not a Section Member? Sign up now and receive membership through June 30th, 2022. That’s 16 months for the price of 12!

Deadline to register: April 4, 2021

Remote Participation: Remote instructions will be emailed to you the day prior to the event.

Payments: Due to the pandemic, accounting staff have limited access to the office making the processing of checks difficult. We request that you register online or over the phone by credit card whenever possible. If you need assistance, please contact the program manager.  If you must pay by check, please use this registration form.

Cancellations: Need to cancel? Please see our cancellation policy .

Accommodations: The MSBA is committed to creating an inclusive environment in which all members can participate fully. If you need reasonable accommodations to participate in this event, please notify the program manager.  Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations. Thank you.

Program Manager:
Tram Nguyen


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Pre-Registration is Closed

Tuesday, April 6, 2021

12:00 PM to 1:00 PM