Cliff Chanler Featured in KTVU News Special Report on Prop 65 Reform

Posted: 05/10/2013  browse the blog archive

Cliff Chanler, the founder of The Chanler Group, was featured in Bay Area TV station KTVU’s news report about a possible overhaul of Proposition 65

Proposition 65, or The Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses that offer products for sale in California to provide health hazard warnings if the products contain chemicals known to cause cancer or reproductive harm.  California’s Office of Environmental Health Hazard Assessment, the lead agency charged with implementing Proposition 65, maintains a list of more than 800 chemicals known to cause cancer and reproductive harm, including lead, cadmium, arsenic, phthalates, flame retardant chemicals, and more.

California State Assemblymember Mike Gatto recently introduced Assembly Bill 227 (“AB 227”), a bill aimed at providing certain small businesses allegedly in violation of Proposition 65 a 14-day “cure” period during which they can correct the violation.  A dramatically revamped version of the bill passed the California State Assembly’s Committee on the Judiciary last week to provide a 14-day correction period to three narrow categories of exposures.

California Governor Gerald G. Brown has also proposed reforms to Proposition 65 to deter frivolous lawsuits, including requiring scientific support for Certificates of Merits and requiring that health hazard warnings be more specific.  The Chanler Group supports these reforms and has long implemented them in our Proposition 65 practice.

The Special Report offers viewers a glimpse into The Chanler Group’s work, including cutting open a piece of furniture in order to test the foam padding for toxic flame retardants.  As noted in the Special Report, The Chanler Group is dedicated not to just filing claims or making money, but to reforming the industry and removing toxic chemicals from consumer products altogether.

“While there may be reforms needed, I think they’re actually needed to strengthen the law,” says Cliff Chanler during his interview.  “They could simply speed down the highway, get pulled over by the highway patrol, and then be given a warning ticket.”

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.