No need for ‘strict compliance’ with CA Prop 65 toxic suit rules to sue

A California state appeals panel says people suing businesses under California’s controversial and unique Prop 65 law don’t need to completely comply with the procedural notice requirements in the law to sustain their legal claims against food producers and other manufacturers for allegedly selling products that contain substances California state regulators may consider toxic, regardless of ongoing scientific debate.

The underlying litigation involves a complaint filed by regular repeat Prop 65 plaintiff Environmental Health Advocates against tortilla supplier Pancho Villa’s, accusing the company of selling tortillas containing acrylamide. The organization sued under the so-called Safe Drinking Water and Toxic Enforcement Act, which California voters enacted in the 1986 Proposition 65 referendum.

San Diego County Superior Court Judge Joel Wohlfeil dismissed the complaint, ruling the group didn’t strictly adhere to language in the law requiring private parties suing under Prop ...