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Proposition 65 Claims may be Covered by Insurance

Proposition 65 requires warning labels to be placed on all products containing lead.  Although there is a clear need for the protections and warnings that the statute was intended to provide, unfortunately, in San Luis Obispo and throughout California, attorneys seem to be using Prop 65 to prey on businesses, particularly those without the resources to fight back. Not unlike some of the ADA lawsuits brought against California business owners, some attorneys have filed suit based on alleged violations of Proposition 65 as a mechanism not to necessarily enforce compliance in order to protect the consumer, but rather to line their pockets with the attorney fees the statute affords.

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