Environmental Health Advocates, Inc. v. Pancho Villa's, Inc.

INTRODUCTION

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Saf. Code, § 25249.5 et seq.), adopted by California voters in 1986 as Proposition 65,1 is a remedial statute intended to protect the public from exposure to chemicals known to cause cancer or reproductive toxicity. (§ 25249.6.) Businesses that violate Proposition 65 can be sued by the Attorney General and local prosecutors, or by private individuals acting in the public interest. (§ 25249.7, subd. (c).) A private individual may bring an action only after providing a notice of violation to the Attorney General, local prosecutors, and the alleged violator, and 60 days have passed without the applicable prosecuting agencies commencing an enforcement action. (§ 25249.7, subd. (d)(1)–(2).) The 60-day notice must satisfy four general requirements: (1) identification of the noticing individual or entity, with their contact information, and the alleged violator, (2) identification of each chemical involved in the alleged violation, (3) identification of the approximate time period of the violation, and (4) attachment of a copy of “ ‘The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65):…