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Consumer Protection Law,
Civil Litigation

Apr. 21, 2026

Why Prop. 65 is coming for food, cosmetics, dietary supplements and wellness products

Prop. 65 has mushroomed from a modest regulatory requirement into one of the most powerful litigation tools in the world--and for manufacturers, suppliers and retailers, the question is no longer whether the law applies, but whether they are prepared to deal with the consequences.

Christopher "Smitty" Smith

Partner
Saul Ewing LLP

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Why Prop. 65 is coming for food, cosmetics, dietary supplements and wellness products
Shutterstock

No consumer expects to see a cancer or reproductive harm warning on their morning breakfast. Yet California's Proposition 65 (Prop. 65) is creating that expectation for consumers. Since going into effect in 1988, Prop. 65 has mushroomed from a modest regulatory requirement into one of the most powerful litigation tools in the world. For almost every consumer product, including food and beverage products, the question is no longer whether the law applies, but whether manufactu...

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