California Appellate Court Provides Clear Guidance on Proposition 65 Exposure Analyses—For Now

In a much anticipated decision and a vindication for Proposition 65 defendants, the California Court of Appeal in Environmental Law Foundation v. Beech-Nut Nutrition Corporation, et al. has answered “yes” to two questions, namely: May a company average the results of product testing to determine the amount of a listed chemical in a product? And: May a company average the exposure to a listed reproductive toxicant? However, lest members of the regulated community celebrate too soon, they should take note: a separate lawsuit against the Office of Environmental Health Hazard Assessment threatens to undo the Court of Appeal’s good work.

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