Shook Partners Victor Schwartz and Cary Silverman have authored an article for the Washington Legal Foundation's Legal Backgrounder recommending that courts limit the use of warnings under California's Safe Drinking Water and Toxic Enforcement Act (Prop. 65). Schwartz is the co-chair of Shook's Public Policy Practice Group.
California courts are considering multiple cases that provide an opportunity to limit the number of unhelpful Prop. 65 warnings appearing on products, according to Schwartz and Silverman. "When products are engulfed with too many warnings, consumers may ignore the important ones—those that can actually help them avoid a real risk of injury," they explain. "Unsupported Prop. 65 warnings, for this reason, may actually pose a danger to consumers. ... Truly scientifically-based warnings that could avoid serious harm may be ignored because 'surreal' warnings have become the judicial flavor of the day."