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On March 29, 2021, the U.S. District Court for the Eastern District of California entered a preliminary injunction order in California Chamber of Commerce v. Becerra.
The order states, in pertinent part, “While this action is pending and until a further order of this court, no person may file or prosecute a new lawsuit to enforce the Proposition 65 warning requirement for cancer as applied to acrylamide in food and beverage products. This injunction applies to the requirement that any “person in the course of doing business” provide a “clear and reasonable warning” for cancer before “expos[ing] any individual to” acrylamide in food and beverage products under California Health & Safety Code § 25249.6. It applies to the Attorney General and his officers, employees, or agents, and all those in privity or acting in concert with those entities or individuals, including private enforcers under section 25249.7(d) of the California Health & Safety Code. This order does not alter any existing consent decrees, settlements, or other agreements related to Proposition 65 warning requirements.”
UPDATE: On May 27, 2021, the United States Court of Appeal for the Ninth Circuit granted an emergency stay of the District Court’s Preliminary Injunction while the appeal is pending.
UPDATE: On March 17, 2022, the United States Court of Appeal for the Ninth Circuit affirmed the District Court's grant of the preliminary injunction.
Proposition 65 litigants and their counsel are responsible for tracking the progress of this case as it evolves and determining whether and how this order may apply to their particular matters. The Attorney General’s Office cannot provide legal advice to private parties.
NOTICE: The Attorney General has issued three letters to private Proposition 65 enforcers during the COVID-19 State of Emergency. The first letter, dated March 18, 2020, requests that private enforcers serve electronic versions of approval motion papers on our office by e-mail, and send a hard copy. The second letter, dated June 5, 2020, requests that private enforcers cooperate with requests for extensions by public prosecutors and notice recipients during this period. The third letter, dated March 22, 2022, requests that private enforcers serve electronic versions of approval motion papers on our office by e-mail to Prop65.Motions@doj.ca.gov, rather than mailing a hard copy.
State law requires any person suing "in the public interest" to enforce Proposition 65 , "The Safe Drinking Water and Toxic Enforcement Act of 1986", to notify the Attorney General of the lawsuit and outcome of the case.
This site provides an on-line process for reporting Proposition 65 private enforcement actions in compliance with California Health and Safety Code Section 25249.7 (d) (e) and (f) . See "Electronic Filing" on this page for details.
All reports on Proposition 65 private actions must be filed electronically with the Attorney General's Office.
We are pleased to announce that the Office of the Attorney General has added a new feature to our website that will facilitate serving the Attorney General’s copies of 60-Day Notices and the confidential documentation that accompanies a Certificate of Merit. Pursuant to title 27, section 25903(c), of the Code of Regulations, the Attorney General will now accept service of these documents electronically. If you choose to use the electronic service, you need not provide a hard copy. Use the File a 60-Day Notice link to start the process.
All motions, supporting papers and exhibits to be served on the Attorney General 45 days prior to the date of hearing should be sent by electronic mail to Prop65.Motions@doj.ca.gov.