NATURE OF PROCEEDINGS: MOTION — TO APPROVE PROPOSITION 65 SETTLEMENT AND CONSENT JUDGMENT [PLTF] CENTER FOR ADVANCED PUBLIC AWARENESS

RULING

Plaintiff’s motion to approve Proposition 651 Settlement and enter judgment in accordance with the terms of the Settlement is GRANTED.

Proposition 65 requires any person in the course of doing business-defined as individuals or entities with 10 or more employees- provide a “clear and reasonable warning” before “knowingly and intentionally” exposing any individual to a chemical listed as known to cause cancer, or reproductive harm or birth defects. Proposition 65 may be enforced by private individuals or organizations acting in the public interest. A private enforcer must first give notice to the alleged violator and allow more than 60 days to pass with no public enforcer having elected to prosecute the alleged violations. (Ca, Health and Safety Code §25249.7(c) & (d).)

The act provides for statutory penalties of up to two thousand five hundred do