Publication Details

Is Prop 65 Bad for Business?

The Recorder - 11/16/2012

Attorney Thomas H. Clarke, Jr. published the article “Is Prop 65 Bad for Business?” in The Recorder. In the article, Clarke argues that Proposition 65, which regulates chemicals in consumer products in California, imposes uncertainty on businesses and may result in negative business outcomes due to vagueness in the regulation about when a chemical exposure has occurred that triggers its warning requirements. Clarke concludes that the “development of a methodology for assessing exposure” is needed in order to address both substantive due process and police powers concerns about Proposition 65. The article’s full text can be found here.