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California Toxics Law: Few Water Cases, But Millions for Lawyers

Thirty-five years ago, California voters approved a landmark law meant to halt exposure to dangerous chemicals in drinking water and everyday products like food, flip-flops, and face shields.

Decades later, the water cases are few and far between—while hundreds of product lawsuits bring in millions of dollars annually for plaintiffs’ attorneys, some of whom represent environmental groups focused only on this law.

The Safe Drinking Water and Toxic Enforcement Act of 1986—commonly known as Proposition 65— came into being during Ronald Reagan’s time as president, when the U.S. Environmental Protection Agency was slashing regulations and loosened enforcement of pollution standards.

BPA Added to California Toxic Chemical List Despite Challenge

California’s Office of Environmental Health Hazard Assessment can list bisphenol A under the state’s Safe Drinking Water and Toxic Enforcement Act despite challenges regarding the lack of evidence of its harm to humans, a state appeals court said Monday.

The agency added BPA, a chemical used to coat food and beverage packaging, to the so-called Proposition 65 list in 2013, based on a study published by the National Toxicology Program’s Center for the Evaluation of Risks to Human Reproduction.